STATE OF FLORIDA, APPELLANT,
v.
SAMMY FASANO AND CHARLES SWINDLE, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the statute prohibiting unnatural and lascivious acts is facially valid.
Appellees were charged under Fla.Stat. § 800.02. They moved to dismiss, arguing the statute was unconstitutionally vague. The trial court granted the …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Facial Validity Of Statute cases and more on FLexlaw
McCAIN, Justice.
This is a direct appeal from an order of the County Court in and for Hillsborough County which passed upon the validity of Fla.Stat. § 800.02, F.S.A. (1971). We have jurisdiction pursuant to Art. V, § 3(b)(1), Florida Constitution, F.S.A. The appellees were charged by a direct information with having committed an unnatural and lascivious act in violation of Fla.Stat. § 800.02, F.S.A. (1971), which provides:
“Whoever commits any unnatural and lascivious act with another person shall be guilty of a misdemeanor of the second degree.”
On March 8, 1973, the appellees filed a motion to dismiss contending, among other things, that the statute was unconstitutionally vague, indefinite and uncertain. After argument, the court below granted the motion to dismiss on the grounds that the statute was unconstitutional. This appeal followed.
On May 30, 1973, we passed upon the validity of the statute in question and specifically found the same to be facially valid. Witherspoon v. State, 278 So. 2d 611 (Fla.1973). Our decision in Witherspoon makes it patently clear that the order appealed is erroneous. Therefore this cause should be and is reversed and remanded for further proceedings.
It is so ordered.
CARLTON, C. J., and ROBERTS and DEKLE, JJ., concur. ERVIN, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Thomas v. State, 326 So. 2d 413 (Fla. 1975)…f the second degree . . . .” This Court recently held that the words “unnatural and lascivious”, as used in Section 800.02, were not void for vagueness. Witherspoon v. State, 278 So. 2d 611 (Fla.1973). That decision was followed in State v. Fasano, 284 So. 2d 683 (Fla.1973). The gist of appellant’s argument here is that we should recede from those decisions, and that we should liken the words in this statute to the words “abominable and de--testable crime against nature”, which we found fatally vague in Fran…1 / 2
-
COX v. Fla. Dep't of Health & Rehabilitative Servs., 656 So. 2d 902 (Fla. 1995)…was adopted by the Legislature in 1917 near the end of the First World War. . HRS cited to no authority on this question. . Some cases on the statute provide no facts, so it is impossible to tell what the exact precedent is. E.g., State v. Fasano, 284 So. 2d 683 (Fla.1973); Witherspoon v. State, 278 So. 2d 611 (Fla.1973). At least one dissenting Justice of the Florida Supreme Court has espoused HRS’s view of section 800.02, Florida Board of Bar Examiners Re N.R.S., 403 So. 2d 1315, 1317 (Fla.1981) (Boyd, J.…
-
State v. Alvarez, 42 Fla. Supp. 83 (Dade Cty. Cir. Ct. 1975)…in Section 800.02 is a lesser included offense.” (Emphasis supplied.) The court continued to hold homosexual conduct between consenting adults a violation the provisions of §800.02 in Witherspoon v. State, 278 So. 2d 611 (1973), and State v. Fasano 284 So. 2d 683 (1973). Legislation since the Franklin case with respect to §§800.01 and 800.02 In light of the explicit language of the Franklin case this court must assume that the Supreme Court has continued to anticipate further legislation in the field of ac…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Amos Witherspoon v. State, 278 So. 2d 611 (Fla. 1973)