Wilson v. State

DISSENTING OPINION

ALCALA, J.,

filed an opinion dissenting to the denial of Appellant’s Motion for Rehearing in which JOHNSON and COCHRAN, J.J., joined.

I respectfully dissent from this Court’s decision to deny the motion for rehearing filed by Elisa Merrill Wilson, appellant. I would grant rehearing to address appellant’s challenge to the constitutionality of the telephone harassment statute as it has now been interpreted by this Court to permit, for the first time, a conviction based on only two telephone calls that might occur months, years, or perhaps even decades, apart.1

In Scott v. State,…