Florida District Courts of Appeal, 1984

State v. Hurst

State v. Hurst
Florida District Courts of Appeal · Decided April 17, 1984 · Lester, Pearson, Schwartz
448 So. 2d 612; 1984 Fla. App. LEXIS 12729 (Southern Reporter, Second Series)

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.

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