Legal Opinion

Goffin v. State

District Court of Appeal of Florida

Decided May 9, 1990No. 89-1211PublishedCited by 1 opinion

1Per curiam

Affirmed. On appeal appellant challenges section 843.02, Florida Statutes (1987), as being facially unconstitutional. No challenge to its constitutionality was raised below. We reject this challenge. Dreske v. Holt, 536 F.2d 105 (5th Cir.1976), cert. denied, 429 U.S. 1061, 97 S.Ct. 785, 50 L.Ed.2d 777 (1977). We distinguish City of Houston v. Hill, 482 U.S. 451, 107 S.Ct. 2502, 96 L.Ed.2d 398 (1987), because the Supreme Court found that the enforceable portion of the challenged Houston ordinance dealt exclusively with speech, whereas section 843.02, Florida Statutes (1987), encompasses both…

2Cases cited2 opinions

  1. City of Houston v. HillSupreme Court of the United States · 1987
  2. George Roman Dreske v. James D. Holt, Sheriff, Martin County, FloridaCourt of Appeals for the Fifth Circuit · 1976

3Cited by1 opinion

  1. Porter v. StateDistrict Court of Appeal of Florida · 1991

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