Dunn v. State

While I concur in the majority’s holding regarding Dunn’s challenge to OCGA § 42-1-12 (f) (5), I do so because I agree only that that statute, as applied to Dunn, is not unconstitutionally vague. It is well established that vagueness challenges to criminal statutes that do not implicate First Amendment freedoms must be examined in the light of the facts of the case to be decided. Santos v. State, 284 Ga. 514 (1) (668 SE2d 676) (2008). See also Raber v. State, 285 Ga. 251 (674 SE2d 884) (2009) (noting that criminal statute may also be shown to be impermissibly vague in all of its…