TERRY MICHAEL HUFFINE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that section 784.048, Florida Statutes (Supp. 1992), the stalking statute, is facially constitutional.
Terry Michael Huffine was convicted of stalking, a first-degree misdemeanor, and challenged the constitutionality of the stalking statute. Similar cha…
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RYDER, Acting Chief Judge.
Terry Michael Huffine challenges the trial court’s order upholding the constitutionality of section 784.048, Florida Statutes (Supp. 1992), the stalking statute. Huffine was convicted by a jury and adjudicated 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, 640 So. 2d 1106 (Fla.1994).
We affirm, but certify, as being of great public importance, the following question:
IS SECTION 784.048, FLORIDA STATUTES (SUPP.1992), FACIALLY UNCONSTITUTIONAL AS VAGUE AND OVERBROAD?
CAMPBELL and PARKER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Gonzalez, 651 So. 2d 185 (Fla. 2d DCA 1995)…, 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 District Courts of Appeal. See Huffine v. State, 648 So. 2d 783 (Fla.App. 2 Dist.1994); 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. Sta…
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Huffine v. State, 655 So. 2d 103 (Fla. 1995)…SHAW, Judge. We have for review Hujfine v. State, 648 So. 2d 783 (Fla. 2d DCA 1994), wherein the district court certified: Is section 784.048, Florida Statutes (Supp. 1992), facially unconstitutional as vague and overbroad? We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently upheld the constitutio…
Authorities 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)
- State v. Tremmel, 644 So. 2d 102 (Fla. 2d DCA 1994)
- Steffa v. State, 645 So. 2d 552 (Fla. 2d DCA 1994)
- LaTULIP v. State, 645 So. 2d 552 (Fla. 2d DCA 1994)