State v. Block

GLICKSTEIN, Judge.

This is an appeal by the state from an order of the county court which dismissed the information filed against appellee. In its order the trial court held that the then existing section 860.01(1), Florida Statutes (1981)1 was unconstitutionally vague, saying:

[T]his Court rules Section 860.01(1), Florida Statutes, to be patently unconstitutional on its face as being void for vagueness and thus violating due process of law in that the subsection does not mandate, as an essential element of the offense, that the State allege and then prove the specific intoxicant which caused…