Frear v. State

WEBSTER, Judge.

Appellant was charged with possession of a firearm by a violent career criminal, in violation of section 790.235(1), Florida Statutes (1995). Following the denial of his motion to dismiss the information on the ground that section 790.235(1) is unconstitutional, appellant entered a plea of no contest, reserving the right to appeal the adverse ruling on the motion. Appellant contends that the statute is unconstitutional because it is susceptible to “arbitrary and capricious” application, and because it is impermissibly vague. We affirm.

To the extent relevant, section 790.235(1)…