WILLIAM BUCOLO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE; RONALD A. SIMPSON, APPELLANT, V. STATE OF FLORIDA, APPELLEE; JAMES R. AGUT, APPELLANT, V. STATE OF FLORIDA, APPELLEE; WILLIAM BUCOLO AND JAMES R. AGUT, APPELLANTS, V. STATE OF FLORIDA, APPELLEE
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The court held that the Florida obscenity statute is constitutional as applied to the appellants and the materials involved.
Appellants were convicted of violating Florida's obscenity statute. They appealed, challenging the statute's constitutionality both generally and as a…
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PER CURIAM.
In these consolidated appeals, appellants contest their convictions of violation of Section 847.011, Florida Statutes, commonly referred to as the Florida obscenity statute. Dispositive of our Court having jurisdiction was the trial judge’s specific ruling upholding the constitutionality of that statute. We do. Article V, § 3(b)(1), Florida Constitution.
Appellants attack the constitutionality of the statute vel non and as applied to both the materials involved and as applied to each of them.
The record is before us, as well as the appellate briefs. Further oral argument would serve no useful purpose, and therefore is hereby dispensed with.
After review of the record and briefs, and upon the construction, rationale and authority of (1) State of Florida v. Papp, Fla., 298 So. 2d 374, opinion filed June 12, 1974, with rehearing denied September 5, 1974; (2) State v. Reese, 222 So. 2d 732 (Fla.1969) and (3) Rhodes v. State, 283 So. 2d 351 (Fla.1973), the judgment of the trial court is hereby affirmed.
It is so ordered.
ADKINS, C. J., and ROBERTS, Mc-CAIN and DEKLE, JJ., concur. ERVIN, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Blannie Mae Spears v. State, 337 So. 2d 977 (Fla. 1976)…v. Reese, supra, the legislature reenacted Section 847.011, omitting the word “immoral”, and giving the statute its present day form. As presently worded, Section 847.011 was upheld by this Court in a line of cases3 culminating with Bucolo v. State, 303 So. 2d 329 (Fla. 1974). Last year our decision in Bucolo was summarily reversed4 by the United States Supreme Court. Bucolo v. Florida, 421 U.S. 927, 95 S.Ct. 1651, 44 L.Ed.2d 84 (1975). On reexamination of Section 847.05, Florida Statutes (1975), and reconsid…
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Johnson v. State, 351 So. 2d 10 (Fla. 1977)…owledgement: “This Court has rendered a number of decisions upholding the constitutional efficacy of Florida Statute 847.011. Those cases include Rhodes v. State, 283 So. 2d 351 (Fla.1973); State v. Papp, 298 So. 2d 374 (Fla.1974); Bucolo v. State, 303 So. 2d 329 (Fla.1974), reversed (per curiam), 421 U.S. 927, 95 S.Ct. 1651, 44 L.Ed.2d 84 (1975), confirmed 316 So. 2d 551 (Fla.1975).” It is obvious that appellant has no colora-ble basis on which to bring his appeal here. The constitutionality of this statut…
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Bucolo v. State, 316 So. 2d 551 (Fla. 1975)…California8 can be applied. It is so ordered. ADKINS, C. J., and ROBERTS, OVERTON and ENGLAND, JJ„ concur. 1 . Styled: William Bucolo, Ronald A. Simpson and James R. Agut v. Florida, 421 U.S. 927, 95 S.Ct. 1651, 44 L.Ed.2d 84. 2 . Bucolo v. State, 303 So. 2d 329 (Fla.1974). 3 . 298 So. 2d 374 (Fla.1974). 4 . Hamling v. United States, 418 U.S. 87, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974). 5 . Jenkins v. Georgia, 418 U.S. 153, 94 S.Ct. 2750, 41 L.Ed.2d 642 (1974). 6 . Id. 7 . 408 U.S. 229, 92 S.Ct. 2245, 33 L.Ed.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rhodes v. State, 283 So. 2d 351 (Fla. 1973)
- Hayes v. Adobe Brick & Supply Co., 222 So. 2d 732 (Fla. 1969)
- State v. Balint Papp, 298 So. 2d 374 (Fla. 1974)