Martin v. State, 40159

CourtUnited States State Supreme Court of Florida
Citation248 So.2d 643
Decision Date26 May 1971
Docket NumberNo. 40159,40159
PartiesJohn C. MARTIN, Appellant, v. STATE of Florida, Appellee. Clarence Howard CANTEY, Appellant, v. STATE of Florida, Appellee.

Paul Shimek, Jr., Pensacola, for appellants.

Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.

PER CURIAM.

The appellants, John C. Martin and Clarence Howard Cantey, were convicted in the County Judge's Court in and for Bay County, Florida, for violation of Section 847.011, Florida Statutes, F.S.A. (included in F.S. chapter 847, F.S.A., dealing with obscene publications and profanity). Martin was convicted by a jury under three separate counts and Cantey under ten separate counts of selling or distributing obscene publications in Bay County, Florida.

The trial court imposed sentence upon each count of a fine of $500.00 or six months imprisonment, such alternative sentences to run consecutively. Martin paid his fines totaling $1,500.00 and was released from custody. Cantey did not pay the fines totaling $5,000.00 and subsequently was released from custody upon the posting of a $5,000.00 supersedeas bond. After filing these appeals from the judgments of conviction and sentences thereon, the appellant, Cantey, filed an affidavit of indigency in this court stating his inability to pay the fines imposed upon him. The record is silent as to whether this appellant stated his indigency before sentence or whether the trial court inquired into the financial ability of the appellants to pay the fines imposed before or at the time of their imposition.

We have jurisdiction to review these judgments and sentences by virtue of the provisions of Article V, Section 4 of the Constitution of the State of Florida, F.S.A., for the reason that the trial court passed directly upon the validity of Section 847.011, Florida Statutes, F.S.A. We affirm the judgments of conviction of both appellants. State v. Reese (Fla.1969) 222 So.2d 732; State ex rel. Hallowes v. Reeves, State ex rel. Hallowes v. Rachleff, and State ex rel. Hallowes v. Kouroupis (Fla.1969) 224 So.2d 285; South Florida Art Theaters, Inc. et al v. State of Florida ex rel. Marvin U. Mounts, Jr., etc. (Fla.App., Fourth District, 1969) 224 So.2d 706; Collins v. State Beverage Department (Fla.App., First District, 1970) 239 So.2d 613; Mitchum v. State (Fla.App. First District, 1971) 244 So.2d 159; Roth v. United States, 354 U.S. 476, 77 S.Ct. 1304, 1 L.Ed.2d 1498; Levin v. State, 1 Md.App. 139, 228 A.2d 487, cert. den. 389 U.S. 1048, 88 S.Ct. 767, 19 L.Ed.2d 840; Milky Way Productions, Inc. v. Leary, (D.C.S.D.N.Y.1969), 305 F.Supp. 288, affirmed 397 U.S. 98, 90 S.Ct. 817, 25 L.Ed.2d 78, (1970); Gable v. Jenkins, (D.C.N.D.Ga.1969), 309 F.Supp. 998, affirmed 397 U.S. 592, 90...

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4 cases
  • Mitchem v. State ex rel. Schaub
    • United States
    • Florida Supreme Court
    • July 9, 1971
    ...the statute is secure as against a general attack on its constitutionality. State v. Reese, 222 So.2d 732 (Fla.1969); Martin v. State of Florida, 248 So.2d 643 (Fla.1971). The ruling of the Circuit Court on this question is hereby But we defer from treating specific constitutional arguments......
  • Outar v. State, 86-1713
    • United States
    • Florida District Court of Appeals
    • June 18, 1987
    ...U.S. 395, 91 S.Ct. 668, 28 L.Ed.2d 130 (1971); Williams v. Illinois, 399 U.S. 235, 90 S.Ct. 2018, 26 L.Ed.2d 586 (1970); Martin v. State, 248 So.2d 643 (Fla.1971). Because of the application of this more fundamental principle, the ex post facto argument is actually immaterial because it is ......
  • Layton v. Carson, 73-1913 Summary Calendar.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • June 18, 1973
    ...directed reconsideration of the sentence in light of Tate v. Short, 1971, 401 U.S. 395, 91 S.Ct. 668, 28 L.Ed.2d 130, and Martin v. State, Fla.1971, 248 So.2d 643. ...
  • Phillips v. Allen, 41580
    • United States
    • Florida Supreme Court
    • December 8, 1971
    ...solely on account of his indigency, in violation of Tate v. Short, 401 U.S. 395, 91 S.Ct. 668, 28 .l.Ed.2d 130 (1971) and Martin v. State, 248 So.2d 643 (Fla.1971). This Court granted the writ and dispensed with the return. We then relinquished jurisdiction temporarily to the Municipal Cour......

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