Legal Opinion · Concurrence

Shapiro v. State

District Court of Appeal of Florida

Decided July 23, 1997No. 96-0141Published

1ConcurrenceWarner, J.

I concur in the affirmance of the conviction and the majority’s resolution of the issues regarding the motion for judgment of acquittal and Williams rule evidence, and the constitutional arguments regarding the section of the statute under which appellant was charged and convicted. While I do not disagree with the overbreadth analysis of section one of the statute, I would not reach this issue as appellant has no standing to assert it. See Broadrick v. Oklahoma, 413 U.S. 601, 613-15, 93 S.Ct. 2908, 2916-18, 37 L.Ed.2d 830 (1973); New York v. Ferber, 458 U.S. 747, 766-75, 102 S.Ct. 3348,…

2Cases cited4 opinions

  1. Broadrick v. OklahomaSupreme Court of the United States · 1973
  2. New York v. FerberSupreme Court of the United States · 1982
  3. Sandstrom v. LeaderSupreme Court of Florida · 1979
  4. State v. SummersDistrict Court of Appeal of Florida · 1995

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