L.B. v. State

ANSTEAD, Justice,

specially concurring.

While I agree with the majority that L.B.’s knife is a “common pocketknife” as a matter of law, I write separately to express my belief that the statute at issue here is, contrary to the majority’s analysis, unconstitutionally vague in its use of the word “common.”

As noted by the majority, the general test to determine whether a statute is vague is whether the statute “does not give people of ordinary intelligence fair notice of what constitutes forbidden conduct.” Muller, 693 So.2d at 977. Most “persons of ordinary intelligence” presumably know what a…