Legal Opinion

State v. J.H.B.

District Court of Appeal of Florida

Decided June 18, 1982No. AE-309PublishedCited by 10 opinions

1Opinion of the Court

SHIVERS, Judge.

State appeals the trial court’s order dismissing delinquency petition. Appellant was charged in the petition with unlawfully possessing dogs (pit bulls) customarily used for taking wildlife in the Cypress Creek Wildlife Management Area during the closed hunting season in violation of Game and Fresh Water Fish Commission Rule 39-15.04(6)(a).

At issue is whether this rule is unconstitutionally void for vagueness. We conclude it is not and reverse.

Rule 39-15.04(6)(a) provides:

No person shall possess or knowingly or negligently allow any dog customarily used for taking wildlife on…

2Cases cited4 opinions

  1. State v. KeatonSupreme Court of Florida · 1979
  2. State v. AshcraftSupreme Court of Florida · 1979
  3. Sanicola v. StateSupreme Court of Florida · 1980
  4. State v. LittleDistrict Court of Appeal of Florida · 1981

3Cited by10 opinions

  1. Brown v. StateSupreme Court of Florida · 1994
  2. State v. PetersDistrict Court of Appeal of Florida · 1988
  3. Shell Harbor v. Dept. of Business RegulationDistrict Court of Appeal of Florida · 1986
  4. American Dog Owners Ass'n v. Dade County, Fla.District Court, S.D. Florida · 1989
  5. Lipman v. StateDistrict Court of Appeal of Florida · 1983

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