STATE OF FLORIDA, APPELLANT,
v.
JAMES TREMMEL, ANDREW HIGGINS AND ERNIE BENNETT, APPELLEES
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PER CURIAM.
Appellant, State of Florida, appeals the trial court order declaring Florida’s Stalking Statute, section 784.048, Florida Statutes (Supp.1992), facially unconstitutional for vagueness and overbreadth. In similar challenges, the statute has been found to be facially constitutional by each of the other District Courts of Appeal. See State v. Kahles, 644 So. 2d 512 (Fla. 4th DCA 1994); Varney v. State, 638 So. 2d 1063 (Fla. 1st DCA 1994); Pallas v. State, 636 So. 2d 1358 (Fla. 3d DCA 1994); Bouters v. State, 634 So. 2d 246 (Fla. 5th DCA 1994). We agree with our colleagues of the other District Courts of Appeal and find the challenged statute constitutional and, therefore, reverse and remand. However, we certify, as being of great public importance, the same question certified in Varney:
IS SECTION 784.048, FLORIDA STATUTES (SUPP.1992), FACIALLY UNCONSTITUTIONAL AS VAGUE AND OVERBROAD?
Reversed and remanded.
CAMPBELL, Acting C.J., and PARKER and BLUE, JJ., concur.
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Steffa v. State, 645 So. 2d 552 (Fla. 2d DCA 1994)…PER CURIAM. Affirmed. See State v. Tremmel, 644 So. 2d 102 (Fla. 2d DCA 1994). As in Tremmel, we certify the following question: IS SECTION 784.048, FLORIDA STATUTES (SUPP.1992), FACIALLY UNCONSTITUTIONAL AS VAGUE AND OVERBROAD? DANAHY, A.C.J., and SCHOONOVER and FULMER, JJ., concur.…
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Huffine v. State, 648 So. 2d 783 (Fla. 2d DCA 1994)…ated guilty of stalking, a first degree misdemeanor. In similar challenges, the statute has been found to be facially constitutional by all of the district courts of appeal. See Steffa v. State, 645 So. 2d 552 (Fla. 2d DCA 1994); State v. Tremmel, 644 So. 2d 102 (Fla. 2d DCA 1994); State v. Kahles, 644 So. 2d 512 (Fla. 4th DCA 1994); Varney v. State, 638 So. 2d 1063 (Fla. 1st DCA 1994); Pallas v. State, 636 So. 2d 1358 (Fla. 3d DCA 1994); Bouters v. State, 634 So. 2d 246 (Fla. 5th DCA 1994), review granted,…
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Perez v. State, 648 So. 2d 784 (Fla. 2d DCA 1994)…d degree felony, following his nolo contendere plea. In similar challenges, the statute has been found to be facially constitutional by all of the district courts of appeal. See Steffa v. State, 645 So. 2d 552 (Fla. 2d DCA 1994); State v. Tremmel, 644 So. 2d 102 (Fla. 2d DCA 1994); State v. Kahles, 644 So. 2d 512 (Fla. 4th DCA 1994); Varney v. State, 638 So. 2d 1063 (Fla. 1st DCA 1994); Pallas v. State, 636 So. 2d 1358 (Fla. 3d DCA 1994); Bouters v. State, 634 So. 2d 246 (Fla. 5th DCA 1994), review granted,…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pallas v. State, 636 So. 2d 1358 (Fla. 3d DCA 1994)
- Bouters v. State, 634 So. 2d 246 (Fla. 5th DCA 1994)
- State v. Kahles, 644 So. 2d 512 (Fla. 4th DCA 1994)
- Varney v. State, 638 So. 2d 1063 (Fla. 1st DCA 1994)