ANTHONY JERON GOFFIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*422] PER CURIAM.
Affirmed. On appeal appellant challenges section 843.02, Florida Statutes (1987), as being facially unconstitutional. No challenge to its constitutionality was raised below. We reject this challenge. Dreske v. Holt, 536 F. 2d 105 (5th Cir.1976), cert. denied, 429 U.S. 1061, 97 S.Ct. 785, 50 L.Ed.2d 777 (1977). We distinguish City of Houston v. Hill, 482 U.S. 451, 107 S.Ct. 2502, 96 L.Ed.2d 398 (1987), because the Supreme Court found that the enforceable portion of the challenged Houston ordinance dealt exclusively with speech, whereas section 843.02, Florida Statutes (1987), encompasses both speech and conduct. In fact, appellant was convicted under section 843.02 exclusively for his physical conduct, not for any verbal obstruction of police.
DELL, WARNER and GARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Porter v. State, 582 So. 2d 41 (Fla. 4th DCA 1991)…ecord and found by the trial court. In short, Porter served as a lookout for drug dealers and because of his warning to them they were able to escape from the police officers. See C.L.A. v. State, 478 So. 2d 872 (Fla. 3d DCA 1985); Goffin v. State, 560 So. 2d 421 (Fla. 4th DCA 1990). These cases are to be distinguished from those cases where the conduct or language is merely abusive or offensive. See K.Y.E. v. State, 557 So. 2d 956 (Fla. 1st DCA 1990). [*43] As concerns Houston v. Hill, 482 U.S. 451, 107 S.C…
Authorities Cited
- Dice v. Akron, 342 U.S. 359 (U.S. 1952)
- City of Houston v. Hill, 482 U.S. 451 (U.S. 1987)
- Moore v. Illinois, 429 U.S. 1061 (U.S. 1977)
- Jones v. Hildebrant, 429 U.S. 1061 (U.S. 1977)
- Dreske v. Holt, 536 F.2d 105 (5th Cir. 1976)