Isom v. State

Supreme Court of Florida
Isom v. State, 335 So. 2d 1 (Fla. 1976)
1976 Fla. LEXIS 4249
Adkins, Boyd, Chett, England, Hat, Overton, Roberts, Sundberg

Isom v. State

Opinion of the Court

PER CURIAM.

Affirmed. Dirk v. State, 305 So.2d 187 (Fla. 1974). Cf. State v. Bryan, 290 So.2d 482 (Fla. 1974); Rigot v. Bucci, 245 So.2d 51 (Fla. 1971), Rule 3.390, Florida Rules of Criminal Procedure.

OVERTON, C. J., and ROBERTS, ADKINS, BOYD, SUNDBERG and HAT-CHETT, JJ., concur. ENGLAND, J., dissents with an opinion.

Dissenting Opinion

ENGLAND, J.,

dissenting.

I respectfully dissent. This case raises the constitutional validity of Section 832.05 (6), Florida Statutes (1975), the “bad check” statute which facilitates merchants’ check collections by permitting criminal arrest and possible conviction based on mere presentment of a dishonored check and without any proof of a criminal intent. Justice Ervin thoroughly analyzed the due process infirmity of this provision in Dirk v. State, 305 So.2d 187, 188-190 (Fla. 1974) (dissent). His analysis was correct in 1974, and it is equally cogent now. Cf. Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975).

Reference

Full Case Name
Frank ISOM v. STATE of Florida
Cited By
1 case
Status
Published