Izzo v. State, 44029

Citation356 S.E.2d 204,257 Ga. 109
Decision Date27 May 1987
Docket NumberNo. 44029,44029
PartiesIZZO, et al. v. The STATE.
CourtSupreme Court of Georgia

Laurie C. Davis, Kenneth R. Croy, Greene & Davis, P.A., Marietta, for Carol Strickland Izzo, et al.

Thomas J. Charron, Dist. Atty., James T. Martin, Nancy J. Jordan and Debra Halpern Bernes, Asst. Dist. Attys., Marietta, for the State.

BELL, Justice.

This appeal involves an attack on the constitutionality of OCGA § 16-12-32(b). The trial court held the statute constitutional, and we affirm.

OCGA § 16-12-32 (b) provides, in relevant part, that "all property used in, intended for use in, used to facilitate, or derived from or realized through a violation of this article or which is located within any gambling place ... is declared to be contraband and may be seized and forfeited as provided in this Code section." (Emphasis supplied.)

OCGA § 16-12-32 (a) defines "property" as being "any personal property of any type, tangible or intangible, including but not limited to vehicles, conveyances, aircraft, watercraft, funds, other things of value or choses in action ...."

OCGA § 16-12-20 (3) defines "gambling place" as being "any real estate, building, room, tent, vehicle, boat, or other property whatsoever, one of the principal uses of which is the making or settling of bets; the receiving, holding, recording, or forwarding of bets or offers to bet; or the conducting of a lottery or the playing of gambling devices."

In the instant case, when the police raided the Cobb Nobility Club, a suspected gambling club, the appellants were found therein. Most were sitting around card tables on which playing cards and money were located. Some of the money was in one-hundred-dollar stacks of one dollar bills wrapped in bank bands. The police seized, inter alia, money from the table tops and from the pockets, purses, and briefcases of the people in the club. The state sought the forfeiture of all the money seized during the raid under the provisions of OCGA § 16-12-32. The appellants defended by challenging the constitutionality of that statute. The trial court held the statute constitutional, and ruled that, because § 16-12-32(b) authorizes the forfeiture of all property "located within any gambling place," the money seized from the pockets purses, wallets, and briefcases of the appellants was subject to forfeiture.

1. The appellants challenge OCGA § 16-12-32(b) as being void for vagueness, both on its face and as applied to them. The appellants focus on two aspects of the statute. First, they focus on the phrase, "which is located within any gambling place," contending that the term, "gambling place," fails to warn citizens of common intelligence of places to avoid and encourages arbitrary enforcement by placing too much discretion in the police to determine what is a "gambling place." They make a similar argument with respect to that part of the definition of "property" specifying "other things of value," OCGA § 16-12-32(a). They contend the phrase "other things of value" fails to give sufficient warning of items that can be seized and places too much discretion in the police to determine what to seize.

The void-for-vagueness doctrine requires that a statute give a person of ordinary intelligence notice of the conduct prohibited, and provide enough specificity so as not to encourage arbitrary and discriminatory enforcement. Kolender v. Lawson, 461 U.S. 352, 357, 103 S.Ct. 1855, 1858, 75 L.Ed.2d 903 (1983); Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 498, 102 S.Ct. 1186, 1193, 71 L.Ed.2d 362 (1982); Price v. State, 253 Ga. 250(1), 319 S.E.2d 849 (1984).

It is clear, however, that " 'vagueness challenges to statutes which do not involve First Amendment freedoms must be examined in the light of the facts of the case at hand,' " Sustakovitch v. State, 249 Ga. 273(1), 290 S.E.2d 77 (1982) (quoting United States v. Mazurie, 419 U.S. 544, 550, 95 S.Ct. 710, 714, 42 L.Ed.2d 706 (1975)), and that a person "who engages in some conduct that is clearly proscribed cannot complain of the vagueness of the law as applied to the conduct of others," Hoffman Estates, supra, 455 U.S. at 495, 102 S.Ct. at 1191. Accord, Gouge v. City of...

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13 cases
  • Lámar v. State, S04P0328.
    • United States
    • Georgia Supreme Court
    • June 28, 2004
    ...275 Ga. 274, 276, 564 S.E.2d 710 (2002) (legislature not required to draft statutes with mathematical precision); Izzo v. State, 257 Ga. 109(1), 356 S.E.2d 204 (1987) (statute not void for vagueness if it provides enough specificity so as not to encourage arbitrary and discriminatory enforc......
  • Brantley Cnty. Dev. Partners, LLC v. Brantley Cnty.
    • United States
    • U.S. District Court — Southern District of Georgia
    • May 14, 2021
    ...conduct prohibited and provide enough specificity so as not to encourage arbitrary and discriminatory enforcement. Izzo v. State, 257 Ga. 109, 356 S.E.2d 204, 205 (1987) (citing Kolender v. Lawson, 461 U.S. 352, 357, 103 S.Ct. 1855, 75 L.Ed.2d 903 (1983) ); Wollschlaeger v. Governor, Fla., ......
  • Brantley Cnty. Dev. Partners v. Brantley Cnty.
    • United States
    • U.S. District Court — Southern District of Georgia
    • September 2, 2021
    ... ... registered to do business under the laws of the State of ... Georgia. Dkt. No. 1 ¶ 1. On December 22, 2014, Plaintiff ... purchased 2, 839 ... due process because of vagueness. Izzo v. State , 356 ... S.E.2d 204, 205 (Ga. 1987) (citing Kolender v ... Lawson , 461 ... ...
  • Thelen v. State
    • United States
    • Georgia Supreme Court
    • February 14, 2000
    ...is clearly proscribed cannot complain of the vagueness of the law as applied to the conduct of others.' [Cits.]" Izzo v. State, 257 Ga. 109, 110(1), 356 S.E.2d 204 (1987). Conversely, the existence of certain clear, but inapplicable, prohibitions does not foreclose a person from contending ......
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