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464 So. 2d 534

464 So.2d 534

10 Fla.L.Weekly 84

Hurst v. State

Supreme Court of Florida

Decided January 24, 1985

Supreme Court of Florida · decided 1985-01-24

Cited by 1 later decisions — most recently March 1991

1 state decisions

Relies on Kolender v. Lawson · Rivera v. United States · 311 So. 2d 104 - State v. Ecker

Good law ✅— No negative treatment on recordhow we know

Decided 1985-01-24

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PER CURIAM.

¶1This case is before us to review the decision in State v. Hurst, 448 So.2d 612 (Fla. 3d DCA 1984), which the district court has certified as one which passes upon a question of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

¶2The certified question concerns the continued validity of Florida’s loitering and prowling statute, section 856.021, Florida Statutes (1981), after Kolender v. Lawson, 461 U.S. 352, 103 S.Ct. 1855, 75 L.Ed.2d 903 (1983), which held California’s loitering statute unconstitutional on vagueness grounds. In Watts v. State, 463 So.2d 205 (Fla.1985), we addressed this issue and found that section 856.021, as construed in State v. Ecker, 311 So.2d 104 (Fla.), cert. denied, 423 U.S. 1019, 96 S.Ct. 455, 46 L.Ed.2d 391 (1975), did not suffer from the vagueness problems present in the California loitering statute. For the reasons set out in Wattswe answer the certified question by holding that section 856.021 remains valid and constitutional even after Kolender. Accordingly, we approve the decision under review.

¶3It is so ordered.

ADKINS, OVERTON, ALDERMAN, MCDONALD, EHRLICH and SHAW, JJ., concur.BOYD, C.J., dissents.
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