JOHNSON

v.

UNITED STATES

Citator

Cited By

• Sieniarecki v. State, 756 So. 2d 68 (Fla. 2000)
  …he cannot successfully challenge it for vagueness nor complain of its vagueness as applied to the hypothetical conduct of others.” State v. [*75] Barnes, 686 So. 2d 633, 637 (Fla. 2d DCA 1996), review denied, 695 So. 2d 698 (Fla.), and cert. denied, 522 U.S. 903, 118 S.Ct. 257, 139 L.Ed.2d 184 (1997). Thus, in undertaking a vagueness analysis, this Court should “examine the complainant’s conduct before analyzing other hypothetical applications of the law.” Village of Hoffman Estates v. Flipside, Hoffman Es…
• Dickerson v. State, 783 So. 2d 1144 (Fla. 5th DCA 2001)
  …, 756 So. 2d 68, 74-75 (Fla.2000) (citations omitted). Thus, the instant vagueness claim must first be examined in light of the facts at hand. State v. Barnes, 686 So. 2d 633, 637 (Fla. 2d DCA 1996), rev. denied, 695 So. 2d 698 (Fla.), cert. denied, 522 U.S. 903, 118 S.Ct. 257, 139 L.Ed.2d 184 (1997). “If the record demonstrates that the [defendant] engaged in some conduct clearly proscribed by the plain and ordinary meaning of the statute, then he cannot successfully challenge it for vagueness nor complain…