LAWRENCE A. FREEMAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant Lawrence Freeman pled nolo contendere to two counts of violating subsection 895.03(1), Florida Statutes (1987), expressly reserving the right to appeal the issue of the facial constitutionality of the statute. Defendant urges that the statute is void for vagueness.
Defendant previously raised the identical issue by petition for writ of prohibition, which was denied. As announced in Obanion v. State, 496 So. 2d 977 (Fla.3d DCA 1986), review denied, 504 So. 2d 768 (Fla.1987), “denial of a petition for a writ of prohibition will, in fact, be a ruling on the merits, unless otherwise indicated.” Id. at 980.* As a previous panel of the court has sustained the constitutionality of the statute, with which disposition we agree, the conviction and sentence are affirmed.
Affirmed.
*
By motion for rehearing of the denial of prohibition defendant requested clarification of the ha-sis of the ruling, which was denied.
Cases With Similar Vibessemantic neighbors from the corpus
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Sumner v. Selma R. Sumner, 707 So. 2d 934 (Fla. 2d DCA 1998)…s,” the denial of a petition for writ of prohibition would constitute a ruling on the merits, foreclosing post-trial appellate review, unless otherwise indicated. See also Nordqvist v. Nordqvist, 586 So. 2d 1282 (Fla. 3d DCA 1991); Freeman v. State, 554 So. 2d 621 (Fla. 3d DCA 1989). This position was subsequently endorsed by Judge Anstead in a concurring opinion in DeGennaro v. Janie Dean Chevrolet, Inc., 600 So. 2d 44 (Fla. 4th DCA 1992). The Florida Supreme Court commented approvingly of the Obanion resul…1 / 2
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Staffan R.B. Nordqvist, M.D. v. Rebeca Nordqvist, 586 So. 2d 1282 (Fla. 3d DCA 1991)…he future a denial of a petition for a writ of prohibition will, in fact, be a ruling on the merits, unless otherwise indicated.” Id. See Reyes v. State, 554 So. 2d 625 (Fla. 3d DCA 1989), rev. denied, 562 So. 2d 346 (Fla.1990); Freeman v. State, 554 So. 2d 621 (Fla. 3d DCA 1989), rev. denied, 562 So. 2d 345 (Fla.1990); Valsecchi v. Proprietors Ins. Co., 502 So. 2d 1310 (Fla. 3d DCA 1987); Florida Audubon Soc’y v. Ratner, 497 So. 2d 672, 674 (Fla. 3d DCA 1986), rev. denied, 508 So. 2d 15 (Fla.1987). For th…
Authorities Cited
- Bertrand Obanion v. State, 496 So. 2d 977 (Fla. 3d DCA 1986)