State v. Manfredonia

District Court of Appeal of Florida

Decided December 22, 1993

District Court of Appeal of Florida · decided 1993-12-22

Cited by 1 later decisions — most recently February 1995

1 state decisions

Key passage — most relied on by later courts

“No adult having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor where the adult knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and where the adult fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.”

quoted by 1 later decision, including State v. Manfredonia

Relies on 610 So. 2d 591 - State v. Alves

Good law ✅— No negative treatment on recordhow we know

Decided 1993-12-22

View the full empirical analysis of this case →

CAMPBELL, Judge.

¶1In this appeal, the state challenges two trial court orders, one as to each appellee, that found section 856.015, Florida Statutes (1991) unconstitutional on the grounds of vagueness. That section makes it a second degree misdemeanor for an adult to fail to take reasonable steps to prevent the possession or consumption by minors of alcohol or drugs at that adult’s residence.

¶2Having found the state’s appeal as to ap-pellee Manfredonia untimely, we dismiss the appeal as to her. However, we affirm the trial court’s dismissal of the charges as to appellee Slayton and adopt and follow the reasoning of our colleagues in State v. Alves, 610 So.2d 591 (Fla. 5th DCA 1992).

RYDER, A.C.J., and THREADGILL, J., concur.