Blackmon v. State

WIGGINTON, Judge.

Appellant seeks review of a judgment of conviction and sentence based upon a jury verdict finding him guilty of committing a crime against nature in violation of F.S. Section 800.01, F.S.A.1 It is appellant’s position that since the date of his conviction and sentence, but during the pendency of his appeal herein, the statute under which he was charged and convicted has been held unconstitutionally vague and overbroad by the Supreme Court of Florida and, therefore, his conviction should not be allowed to stand.

During the course of his trial after the State rested its case in…