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366 So. 2d 443

State v. Appelbaum

Supreme Court of Florida

Decided January 4, 1979

Supreme Court of Florida · decided 1979-01-04

Relies on 361 So. 2d 144 - Carroll v. State

Decided 1979-01-04

OVERTON, Justice.

¶1This case is before us on direct appeal from the County Court, Dade County, which held that Section 849.093, Florida Statutes (1977), was unconstitutionally vague and overbroad. We have jurisdiction pursuant to Article V, Section 3(b)(1), Florida Constitution.

¶2The statute invalidated below regulates the conduct of bingo and guest games. We have recently considered its constitutionality and held that it does not violate the due process and equal protection clauses of the Florida and United States Constitutions. Carroll v. State, 361 So.2d 144 (Fla.1978).

¶3Although not all of the arguments raised by the appellant were discussed in Carroll, supra,we find the additional arguments to be without merit and specifically find the statute is neither vague nor overbroad.

¶4Accordingly, the decision of the court below is reversed and the cause remanded for proceedings not inconsistent with this opinion.

¶5It is so ordered.

ENGLAND, C. J., and ADKINS, BOYD, HATCHETT and ALDERMAN, JJ., concur.SUNDBERG, J., dissents.
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