State v. Hurst

Florida District Courts of Appeal
State v. Hurst, 448 So. 2d 612 (1984)
1984 Fla. App. LEXIS 12729
Lester, Pearson, Schwartz

State v. Hurst

Opinion of the Court

SCHWARTZ, Chief Judge.

We agree with Watts v. State, 447 So.2d 271 (Fla. 2d DCA 1983) that the constitutionality of the Florida loitering and prowling statute, Section 856.021, Florida Statutes (1981), as upheld in State v. Ecker, 311 So.2d 104 (Fla. 1975) is not affected by Kolender v. Lawson, — U.S. —, 103 S.Ct. 1855, 75 L.Ed.2d 903 (1983). The trial court held otherwise and the order under review is therefore reversed.

This decision is certified to the Supreme Court of Florida as one which passes upon a question of great public importance as to the continued validity of Section 856.021, Florida Statutes (1981).

Reversed, question certified.

Reference

Full Case Name
The STATE of Florida v. William Leon HURST, Michael Ian Dusakto and Hugh Raven Walker
Cited By
2 cases
Status
Published