STATE OF FLORIDA, APPELLANT,
v.
BRYAN K. RICHARDS, APPELLEE

Fla. | 1994-06-02
No. 80863
GRIMES, C.J., OVERTON, KOGAN and HARDING, JJ., and McDONALD, Senior Justice, concur.
638 So. 2d 44 Florida Supreme Court (1994) Positive Treatment
Cited by 4 cases
Opinion of the Court
SHAW, Justice.

SHAW, Justice.

The State of Florida appeals the decision of the district court of appeal in Richards v. State, 608 So. 2d 917 (Fla. 3d DCA 1992). The district court declared a state statute unconstitutional. Therefore, we have jurisdiction of the state’s appeal. Art. V, § 3(b)(1), Fla. Const. On the authority of our decision in State v. Stalder, 630 So. 2d 1072 (Fla.1994), in which the issue presented here was decided, we reverse the decision of the district court of appeal and remand for further proceedings consistent with our opinion in Stalder. It is so ordered.

GRIMES, C.J., OVERTON, KOGAN and HARDING, JJ., and McDONALD, Senior Justice, concur.

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Cited By

  • Richards v. State, 643 So. 2d 89 (Fla. 3d DCA 1994)
    …on in State v. Stalder, 630 So. 2d 1072 (Fla.1994), in which the issue presented here was decided, we reverse the decision of the district court of appeal and remand for further proceedings consistent with our opinion in Stalder.” State v. Richards, 638 So. 2d 44 (Fla.1994). In Stalder, the Court upheld the constitutionality of Section 776.085, Florida Statutes (1991), against an attack that the statute violated the Free Speech clause of the United States Constitution. Although the Court did not expressly ho…
  • State v. Roque, 640 So. 2d 97 (Fla. 3d DCA 1994)
    …ligence fair notice of what constitutes forbidden conduct.” Brown v. State, 629 So. 2d 841, 842 (Fla.1994); see State v. Hagan, 387 So. 2d 943, 945 (Fla.1980); Richards v. State, 608 So. 2d 917, 920 n. 1 (Fla. 3d DCA 1992) (collecting cases), rev’d, 638 So. 2d 44 (Fla.1994). Additionally, to survive a vagueness challenge, a statute must be specific enough that it is not susceptible to arbitrary and discriminatory enforcement. See Brown, 629 So. 2d at 842; Pallas v. State, 636 So. 2d 1358 (Fla. 3d DCA 1994);…

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