DAVID LEWIS GILBERT, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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SHAW, Justice.
We have for review Gilbert v. State, 639 So. 2d 191 (Fla. 1st DCA 1994), wherein the district court certified the following question:
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 have found this statute constitutional in Bouters v. State, 659 So. 2d 235 (Fla.1995). Accordingly, we answer the question in the negative and approve the district court decision on this issue.
It is so ordered.
GRIMES', C.J., and OVERTON, HARDING, WELLS and ANSTEAD, JJ., concur. KOGAN, J., concurs specially with an opinion.
KOGAN, Justice,
specially concurring.
The certified question is overbroad because the sole statute at issue here is subsection 784.048(3), Florida Statutes (Supp.1992). For that reason, I would rephrase the question as follows:
Is subsection 784.048(3), Florida Statutes (Supp.1992), facially unconstitutional as vague or overbroad?
I otherwise generally agree with the majority’s conclusions, but subject to the reservations I expressed in Bouters v. State, 659 So. 2d 235 (Fla.1995) (Kogan, J., specially concurring), Varney v. State, 659 So. 2d 234 (Fla. 1995) (Kogan, J., dissenting), and Koshel v. State, 659 So. 2d 232 (Fla.1995) (Kogan, J., specially concurring).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bouters v. State, 659 So. 2d 235 (Fla. 1995)…lidity, and vagueness is arguable only if the refinements added by subsection 784.048(3) are themselves vague. Because I cannot conclude that they are, I concur with the majority. I also reiterate my comments in the companion case, Gilbert v. State, 659 So. 2d 233 (Fla.1995) (Kogan, J., specially concurring). . They are at issue in some of the companion cases. . We obviously are not addressing that issue in this case.…
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Varney v. State, 659 So. 2d 234 (Fla. 1995)…ows: Is subsection 784.048(2), Florida Statutes (Supp.1992), facially unconstitutional as vague or overbroad? Moreover, for the reasons I expressed in Bouters v. State, 659 So. 2d 235 (Fla.1995) (Kogan, J., specially concurring), Gilbert v. State, 659 So. 2d 233 (Fla.1995) (Kogan, J., specially concurring), and Koshel v. State, 659 So. 2d 232 (Fla.1995) (Kogan, J., specially concurring), I do not believe that simple stalking poses the same constitutional issues as the other two statutory provisions. Constit…
Authorities Cited
- Bouters v. State, 659 So. 2d 235 (Fla. 1995)
- Koshel v. State, 659 So. 2d 232 (Fla. 1995)
- Varney v. State, 659 So. 2d 234 (Fla. 1995)
- Gilbert v. State, 639 So. 2d 191 (Fla. 1st DCA 1994)
- Erick L. Bath v. State, 639 So. 2d 191 (Fla. 4th DCA 1994)