JAMES JEROME WOLFE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the conviction for keeping a house of ill fame must be reversed because the statute was unconstitutionally vague, but the evidence supported a conviction for the lesser included offense of keeping a house of prostitution.
[1] A conviction under a statute later declared unconstitutionally vague must be reversed.
[2] A conviction for keeping a house of prostitution may be entered as a lesser included offense of maintaining a house of ill fame when the latter statute is overturned as u…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceJames Wolfe was convicted of racketeering, conspiracy to commit racketeering, living from earnings of prostitution, and keeping a house of ill fame. H…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Conspiracy To Commit Racketeering cases and more on FLexlaw
PARKER, Judge.
James Wolfe appeals his convictions for racketeering, conspiracy to commit racketeering, living from earnings of prostitution, and keeping a house of ill fame. We reverse only the conviction on the last charge.
Having reviewed all issues which Wolfe has raised in this appeal, the only issue of merit .concerns the conviction for keeping a house of ill fame. In Warren v. State, 572 So. 2d 1376 (Fla.1991) our supreme court overturned the “ill fame” statute as unconstitutionally vague. This opinion reversed earlier supreme court and district court of appeal decisions interpreting that same statute as constitutional. The trial judge, in affirming the conviction, obviously relied upon those earlier cases as the Warren opinion had not yet been filed.
We reverse the conviction and sentence for keeping a house of ill fame and direct the trial court to dismiss that charge. We determine, however, that the evidence does establish that Wolfe is guilty of the offense of keeping a house of prostitution under section 796.07(2)(a), Florida Statutes (1987),1 which we conclude is a necessarily lesser included offense of maintaining a house of ill fame.2 As we are authorized to do under section 924.34, Florida Statutes (1987), we direct the trial court to enter judgment for the lesser included offense and to resentence defendant for that lesser offense. Although we do not perceive any change will result in the presumptive guidelines range, a new score-sheet should be prepared scoring the lesser crime to conform with the decision we reach in this case.
Reversed and remanded with directions to the trial court.
SCHEB, A.C.J., and THREADGILL, J., concur. . That section in relevant part provides:
(2) It is unlawful in the state:
(a) To keep, set up, maintain, or operate any place, structure, building, or conveyance for the purposes of lewdness, assignation, or prostitution.
. The ill fame statute provides that "[wjhoever keeps a house of ill fame, resorted to for the purpose of prostitution or lewdness, is guilty of a felony of the third degree_” § 796.01, Fla. Stat. (1987).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Paige v. State, 641 So. 2d 179 (Fla. 5th DCA 1994)…h the defendant’s guilt for keeping a house of prostitution and so trial court was directed to enter judgment for this lesser included offense and to resentence the defendant); Long v. State, 578 So. 2d 288 (Fla. 2d DCA 1991) (same); Wolfe v. State, 576 So. 2d 915 (Fla. 2d DCA 1991) (same). The courts have also remanded for an adjudication of guilt on the lesser offense in such situations without reference to section 924.34. See Franklin v. State, 257 So. 2d 21 (Fla.1971) (crimes against nature statute found…
-
Golden v. State, 578 So. 2d 480 (Fla. 2d DCA 1991)…support his convictions. We find no merit in his contentions and sustain his convictions on racketeering, conspiracy, and living off earnings. We reverse, however, Golden’s conviction for keeping a house of ill fame. As we stated in Wolfe v. State, 576 So. 2d 915 (Fla. 2d DCA 1991), our supreme court overturned the ill fame statute as unconstitutionally vague. See Warren v. State, 572 So. 2d 1376 (Fla.1991). Warren v. State reversed earlier supreme court and district court of appeal decisions interpreting th…1 / 2
-
Long v. State, 578 So. 2d 288 (Fla. 2d DCA 1991)…support her convictions.1 We find no merit in her contentions and sustain her convictions on racketeering, conspiracy, and living off earnings. We reverse, however, Long’s conviction for keeping a house of ill fame. As we stated in Wolfe v. State, 576 So. 2d 915 (Fla.2d DCA, 1991), our supreme court overturned the ill fame statute as unconstitutionally vague. See Warren v. State, 572 So. 2d 1376 (Fla.1991). Warren v. State reversed earlier supreme court and district court of appeal decisions interpreting th…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Warren v. State, 572 So. 2d 1376 (Fla. 1991)