CHARLES BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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OVERTON, Justice.
Appellant entered a plea of nolo con-tendere and was found guilty of loitering, in violation of Section 856.021, Florida Statutes. He was sentenced to time served. The appellant preserved his right to challenge the trial court’s denial of his motion to dismiss the charge on the ground that the aforesaid statute is unconstitutional. We have jurisdiction pursuant to Article V, Section 3(b)(1), Florida Constitution.
Subsequent to the filing of the present appeal, this Court rendered its decision in State v. Ecker, 311 So. 2d 104 (Fla.1975). We there upheld the constitutionality of the subject statute but cautioned that the conduct of the defendant must reflect circumstances sufficient to establish a threat to the public safety. The sufficiency of the defendant’s conduct in the instant case was not assigned as error or briefed, and the record is not adequate for us to properly rule thereon.
The ruling of the trial court upholding the constitutionality of Section 856.021, Florida Statutes, is affirmed.
ADKINS, C. J., and ROBERTS, ENGLAND and DEKLE (Retired), JJ., concur.
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State v. Strickland, 337 So. 2d 959 (Fla. 1976)…iss on the ground that Section 856.021, Florida Statutes (1975), is unconstitutionally vague. This same statute was upheld in the face of an identical challenge in State v. Ecker, 311 So. 2d 104 (Fla.1975), which was then followed in Brown v. State, 314 So. 2d 129 (Fla.1975), and in State v. Williams, 315 So. 2d 449 (Fla.1975). There being no basis in the record or in the arguments of counsel for reconsideration of those decisions, the judgment entered below is reversed and the case is remanded for further pr…
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- State v. Ecker, 311 So. 2d 104 (Fla. 1975)