MICHAEL JOHN PARISI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The statute under which the defendant was convicted was previously declared unconstitutional, and the conduct constitutes a lesser included offense under another statute.
Defendant was convicted under Fla.Stat. § 800.01, F.S.A., which the trial court found constitutional. The appeal is direct due to the constitutional q…
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This cause is before this Court on direct appeal from the Criminal Court of Record for Dade County, Florida. The trial court passed directly upon the constitutionality of Fla.Stat. §§ 800.01, F.S.A., holding same constitutional. We have jurisdiction. Fla.Const., art. V, § 4(2), F.S. A.
During the pendency of this appeal, this Court in Franklin v. State and Joyce v. State, 257 So.2d 21 (Fla.1971), declared the above statute unconstitutional. However, we remanded the causes to the trial court with directions to enter judgments of guilt under Fla.Stat. § 800.02, F.S.A., which is a misdemeanor, and to impose sentences accordingly.
As in Franklin v. State and Joyce v. State, supra, under the evidence in this case, the conduct denounced in Fla.Stat. § 800.02, F.S.A., is a lesser included offense. Therefore, the judgment and sentence of the trial court is reversed and this cause is remanded to the trial court for disposition not inconsistent with our decision in Franklin v. State and Joyce v. State, supra. See also Morris v. State, 261 So.2d 563 (Fla.App.2d, 1972).
It is so ordered.
ROBERTS, C. J, and BOYD, McCAIN and DEKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (22 total)
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Thomas v. State, 326 So. 2d 413 (Fla. 1975)…idered his conduct “natural”. For these reasons, I would hold that Section 800.02 is invalid on its face.9 ALDERMAN, JAMES E., Circuit Judge, concurs. . Prior to Witherspoon, Section 800.02 was impliedly upheld in Franklin and in Parisi v. State, 265 So. 2d 699 (Fla.1972). . 257 So. 2d at 22. . 257 So. 2d at 24. Violations of Section 800.01 constituted a second degree felony, whereas violations of Section 800.02 consti-titute a second degree misdemeanor. .In Franklin, the Court noted that society’s view…1 / 2
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Telisia Shaonte Kelley v. Rice, 800 So. 2d 247 (Fla. 2d DCA 2001)…egarding this.3 Also, immediate punishment was not necessary to prevent demoralization of the court’s authority. Ms. Kelley was punished some six months after her allegedly contumacious act. We could end our discussion here, but for Aron v. Huttoe, 265 So. 2d 699 (Fla.1972). In Aron, the supreme court accepted review to determine “[w]hether a person who fails to appear at trial after having been properly subpoenaed may be brought into court during the trial and summarily held in contempt after failing to pro…1 / 2
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Sandstrom v. State, 390 So. 2d 448 (Fla. 4th DCA 1980)…1976). Appellant’s next assertion that his failure to appear in court on the day and time ordered could not be the basis for a direct contempt, but only an indirect contempt, is erroneous. Aron v. Huttoe, 258 So. 2d 272 (Fla.3d DCA 1972), adopted 265 So. 2d 699 (Fla.1972); see James v. State, 385 So. 2d 1145 (Fla.3d DCA 1980). Finally, in open court the trial court orally sentenced appellant to twenty-four hours in jail in addition to a fine of $2,000. When reduced to a writing the order recited jail tim…
Previewing 3 of 22 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Alva Gene Franklin v. State, 257 So. 2d 21 (Fla. 1971)
- Morris v. State, 261 So. 2d 563 (Fla. 2d DCA 1972)