367 SO2D 1008 - Brown v. State

How this case has been cited

Cited by 16 later decisions — most recently May 2000

16 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

ADKINS, Justice.

¶1This appeal is from a judgment of conviction rendered in the County Court of Orange County, Florida. Defendant was found guilty of violating the “open profanity” statute, Section 847.04, Florida Statutes (1975). By denying a Motion to Dismiss, the trial judge passed upon the constitutionality of the statute. Defendant’s appeal to the circuit court was properly transferred to this Court. We have jurisdiction. Article V, Section 3(b)(1), Florida Constitution.

¶2This Court having recently held Section 847.04, Florida Statutes (1975) unconstitutional on its face reverses the judgment of the county court. See Brown v. State, 358 So.2d 16 (Fla.1978).

¶3It is so ordered.

ENGLAND, C. J., and BOYD, OYER-TON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.