Sardiello v. State, 58516
| Decision Date | 26 February 1981 |
| Docket Number | No. 58516,58516 |
| Citation | 394 So.2d 1016 |
| Parties | David SARDIELLO and Bal Enterprises, Inc., Appellants, v. STATE of Florida, Appellee. |
| Court | Florida Supreme Court |
Yale T. Freeman, Miami, for appellants.
Jim Smith, Atty. Gen., and Susan Minor, Asst. Atty. Gen., Miami, for appellee.
This cause is before the Court on appeal of a judgment of the County Court of Dade County. In rendering judgment the court passed upon the constitutionality of a state law. The notice of appeal was filed on January 11, 1980. This Court has jurisdiction. Art. V, § 3(b)(1), Fla.Const. (1972).
The appellants were charged with possession of obscene materials with intent to distribute in violation of section 847.011, Florida Statutes (1977). Section 847.011(1) provides:
(1)(a) A person who knowingly sells, lends, gives away, distributes, transmits, shows or transmutes, or offers to sell, lend, give away, distribute, transmit, show or transmute, or has in his possession, custody, or control with intent to sell, lend, give away, distribute, transmit, show, transmute, or advertise in any manner, any obscene, lewd, lascivious, filthy, indecent, sadistic, or masochistic book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing, paper, card, picture, drawing, photograph, motion-picture film, figure, image, phonograph record, or wire or tape or other recording, or any written, printed, or recorded matter of any such character which may or may not require mechanical or other means to be transmuted into auditory, visual, or sensory representations of such character, or any article or instrument of indecent use, or purporting to be for indecent use or purpose; or who knowingly designs, copies, draws, photographs, poses for, writes, prints, publishes, or in any manner whatsoever manufactures or prepares any such material, matter, article, or thing of any such character; or who knowingly writes, prints, publishes, or utters, or causes to be written, printed, published, or uttered, any advertisement or notice of any kind, giving information, directly or indirectly, stating, or purporting to state, where, how, of whom, or by what means any, or what purports to be any, such material, matter, article, or thing of any such character can be purchased, obtained, or had; or who in any manner knowingly hires, employs, uses, or permits any person to do or assist in doing, either knowingly or innocently, any act or thing mentioned above, is guilty of a misdemeanor of the...
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Stall v. State
...by the first and fourteenth amendments and that it is subject to regulation under the police power of the states. In Sardiello v. State, 394 So.2d 1016 (Fla.1981), we again upheld the statute where the defendants had been charged with possession of obscene material with intent to sell. More......
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State v. Long
...upon Kraham to uphold the constitutionality of this statute subsequent to the adoption of article I, section 23. See Sardiello v. State, 394 So.2d 1016 (Fla.1981) (upholding section 847.011, Florida Statutes (1977)). In addition, we are unaware of any indication that the drafters of article......