ROGER LEE WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant held in contempt for violating a domestic violence injunction may be prosecuted for a substantive offense stemming from the same conduct.
Appellant was convicted of aggravated stalking and contempt for violating a domestic violence injunction. He appealed the denial of his motion to dism…
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STEVENSON, Judge.
Appellant, Roger Lee Williams, was convicted of aggravated stalking and was also found in contempt for violation of a domestic violence injunction. Williams appeals the trial court’s order denying his sworn motion to dismiss on double jeopardy grounds. We affirm.
The first issue in this appeal is whether a defendant held in contempt for violating a domestic violence injunction may be prosecuted later for a substantive offense stemming from the same conduct that gave rise to the contempt adjudication. We agree with the recent analysis of this issue by the Second District Court and answer that question in the affirmative. See State v. Miranda, 644 So. 2d 342 (Fla. 2d DCA 1994).
Appellant also challenges the constitutionality of section 784.048, Florida Statutes (1993), on the basis that the stalking statute is both void for vagueness and violates the overbreadth doctrine of the First Amendment. However, the constitutionality of this section has been upheld by both this district and most recently, the Florida Supreme Court. Bouters v. State, 20 Fla.L.Weekly S186 (Fla. April 27, 1995); State v. Kahles, 644 So. 2d 512 (Fla. 4th DCA 1994), approved, 657 So. 2d 897 (Fla.1995); Blount v. State, 641 So. 2d 200 (Fla. 4th DCA), approved, 654 So. 2d 126 (Fla.1995); Kostenski v. State, 641 So. 2d 199 (Fla. 4th DCA 1994).
PARIENTE and SHAHOOD, JJ., concur.
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Citator
Cited By
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Williams v. State, 673 So. 2d 486 (Fla. 1996)…SHAW, Justice. We have for review Williams v. State, 658 So. 2d 665 (Fla. 4th DCA 1995), in which the district court addressed the same question we recently answered in State v. Johnson, 21 Fla.L.Weekly S154, — So. 2d — [1996 WL 154126] (Fla. April 4, 1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. In…
Authorities Cited
- State v. Kahles, 644 So. 2d 512 (Fla. 4th DCA 1994)
- Amendments TO Fla. Rules OF App. Procedure 9.140 & 9.600, 657 So. 2d 897 (Fla. 1995)
- State v. Miranda, 644 So. 2d 342 (Fla. 2d DCA 1994)
- Lerois Blount v. State, 641 So. 2d 200 (Fla. 4th DCA 1994)
- Carrera v. Carrera, 641 So. 2d 199 (Fla. 4th DCA 1994)
- Lerois Blount v. State, 654 So. 2d 126 (Fla. 1995)