SCOTT BOUTERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant, Scott Bouters, was charged with the offense of aggravated stalking pursuant to section 784.048(3), Florida Statutes (Supp.1992), known as the Florida Stalking Law. He moved to dismiss on the ground that such statute is facially unconstitutional because of vagueness and overbreadth. Following denial of that motion, he pled nolo contendere and then filed the instant appeal. Without belaboring the issue, we find the aforesaid statute to be facially constitutional, and basically agree with the analysis of that statute as found in State v. Pallas, 1 Fla.L.Weekly Supp. 442 (Fla. 11th Cir. June 9, 1993). In respect to the argument that the definition of the word “harasses” in subsection (1)(a) of the statute is vague because of the nonspecific term “serves no legitimate purpose,” we agree with the analysis in State v. Bossie, 1 Fla.L.Weekly Supp. 465, 466 (Fla. Brevard County Ct. June 22,1993), that the statute, read in its entirety, renders that particular phrase superfluous, hence, harmless.
AFFIRMED.
DAUKSCH, COBB and GRIFFIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (29 total)
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Bouters v. State, 659 So. 2d 235 (Fla. 1995)…SHAW, Justice. We have for review Bouters v. State, 634 So. 2d 246 (Fla. 5th DCA 1994), wherein the district court expressly declared a state statute valid. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the district court decision. [*236] I. FACTS The investigating officer entered the following f…
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Pallas v. State, 636 So. 2d 1358 (Fla. 3d DCA 1994)….Ct. at 2917; State v. Elder, 382 So. 2d at 690. We reject the defendant’s challenge to the constitutionality of subsection 784.048(3), Florida Statutes (Supp.1992). In so holding we concur with the Fifth District Court of Appeal. Bouters v. State, 634 So. 2d 246 (Fla. 5th DCA 1994). Affirmed. . The trial court's order was cited with approval in Bouters v. State, 634 So. 2d 246 (Fla. 5th DCA 1994). . The portion of the statute relating to following and threatening a victim, id., is reviewed at the conclus…1 / 2
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State v. Kahles, 644 So. 2d 512 (Fla. 4th DCA 1994)…IAM. The trial court has held that section 784.048, Florida Statutes (Supp.1992), Florida’s Stalking Statute, is facially unconstitutional. We reverse and remand, relying on Pallas v. State, 636 So. 2d 1358 (Fla. 3d DCA 1994), and Bouters v. State, 634 So. 2d 246 (Fla. 5th DCA 1994), review granted, 640 So. 2d 1106 (Fla.1994). We supplement these well-reasoned opinions of sister courts with the following excerpt from Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 494, 102 S.Ct.…
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