Bouters v. State
| Decision Date | 25 March 1994 |
| Docket Number | No. 93-504,93-504 |
| Citation | 634 So.2d 246 |
| Parties | 19 Fla. L. Weekly D678 Scott BOUTERS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and S.C. Van Voorhees, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Michael J. Neimand, Asst. Atty. Gen., Parker D. Thomson, and Carol A. Licko, Sp. Asst. Attys. Gen., Miami, for appellee.
The appellant, Scott Bouters, was charged with the offense of aggravated stalking pursuant to section 784.048(3), Florida Statutes (Supp.1992), known as the Florida Stalking Law. He moved to dismiss on the ground that such statute is facially unconstitutional because of vagueness and overbreadth. Following denial of that motion, he pled nolo contendere and then filed the instant appeal. Without belaboring the issue, we find the aforesaid statute to be facially constitutional, and basically agree with the analysis of that statute as found in State v. Pallas, 1 Fla.L.Weekly Supp. 442 (Fla. 11th Cir. June 9, 1993). In respect to the argument that the definition of the word "harasses" in subsection (1)(a) of the statute is vague because of the nonspecific term "serves no legitimate purpose," we agree with the analysis in State v. Bossie, 1 Fla.L.Weekly Supp. 465, 466 (Fla. Brevard County Ct. June 22, 1993), that the statute, read in its entirety, renders that particular phrase superfluous, hence, harmless.
AFFIRMED.
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Luplow v. State
...43 Conn.Supp. 46, 642 A.2d 90 (1993); Bouters v. State, No. 83,558, 1995 WL 242403, --- So.2d ---- (Fla.1995) (aff'g Bouters v. State, 634 So.2d 246 (Fla.Ct.App.1994)); Gilbert v. State, No. 84,161, 1995 WL 242390, --- So.2d ---- (Fla.1995) (aff'g Gilbert v. State, 639 So.2d 191 (Fla.Ct.App......
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State v. Kahles, 93-0957
...facially unconstitutional. We reverse and remand, relying on Pallas v. State, 636 So.2d 1358 (Fla. 3d DCA 1994), and Bouters v. State, 634 So.2d 246 (Fla. 5th DCA 1994), review granted, 640 So.2d 1106 We supplement these well-reasoned opinions of sister courts with the following excerpt fro......
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Pallas v. State
...subsection 784.048(3), Florida Statutes (Supp.1992). In so holding we concur with the Fifth District Court of Appeal. Bouters v. State, 634 So.2d 246 (Fla. 5th DCA 1994). 1 The trial court's order was cited with approval in Bouters v. State, 634 So.2d 246 (Fla. 5th DCA 1994).2 The portion o......
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Bouters v. State
...Judicial Circuit, Miami, amicus curiae for The Florida Public Defender Ass'n, Inc. SHAW, Justice. We have for review Bouters v. State, 634 So.2d 246 (Fla. 5th DCA 1994), wherein the district court expressly declared a state statute valid. We have jurisdiction. Art. V, Sec. 3(b)(3), Fla. Con......