Scullock v. State, No. 55739
| Court | United States State Supreme Court of Florida |
| Writing for the Court | OVERTON; ENGLAND |
| Citation | 377 So.2d 682 |
| Parties | Willie Arthur SCULLOCK, Appellant, v. STATE of Florida, Appellee. |
| Docket Number | No. 55739 |
| Decision Date | 21 November 1979 |
Page 682
v.
STATE of Florida, Appellee.
Jack O. Johnson, Public Defender, and Karal B. Rushing, Asst. Public Defender, Tampa, for appellant.
Jim Smith, Atty. Gen., and James S. Purdy, Asst. Atty. Gen., Tampa, for appellee.
OVERTON, Justice.
This is an appeal from a circuit court's judgment which directly upheld the constitutional validity of that portion of section 843.01, Florida Statutes (1977), which makes unlawful an offer to do violence to a law enforcement officer. We have jurisdiction 1 and affirm.
The relevant facts reflect that the appellant, Willie Arthur Scullock, entered the apartment of Joyce Williams on the night of July 10, 1978. He refused to leave upon her request and subsequently forced Ms. Williams from the apartment. Police officers, summoned by Ms. Williams, informed Scullock that he was under arrest for trespassing and ordered him to leave the apartment. Scullock refused to exit and threatened to shoot anyone attempting entry into the apartment. Ms. Williams informed the police that Scullock was armed with a .22 caliber revolver. Upon Scullock's surrender, approximately two hours after police arrival, officers did seize a .22 caliber pistol inside the apartment. Scullock was subsequently convicted on two counts of resisting arrest with violence in violation of section 843.01, Florida Statutes (1977).
Section 843.01, Florida Statutes, states in relevant part:
Page 683
Whoever knowingly and willfully resists . . . any sheriff (or legal officer) . . . in the execution of legal process . . . by offering or doing violence to the person of such officer . . . shall be guilty of a felony of the third degree . . . .
The appellant moved to dismiss the information, contending that section 843.01 was unconstitutional and specifically asserting that the phrase "by offering . . . violence" was unconstitutionally vague. The trial court denied the motion. Appellant subsequently pleaded nolo contendere, specifically reserving the right to appeal the motion to dismiss.
Allegations concerning vagueness of criminal statutes are regularly before this Court, and the guidelines and standards to be applied in determining whether a statute is vague are well established. Clearly, due process requires that a person of common intelligence must be able to discern the activity sought to be proscribed by statute. Linville v. State, 359 So.2d 450 (Fla.1978). A statute will be considered unconstitutionally vague if it fails to...
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Westerheide v. State, No. 5D99-785.
...to be otherwise." State v. Sobieck, 701 So.2d 96 (Fla. 5th DCA), rev. denied, 717 So.2d 538 (Fla. 1998); see also Scullock v. State, 377 So.2d 682 (Fla.1979); State v. Barnes, 686 So.2d 633 (Fla. 2d DCA 1996), rev. denied, 695 So.2d 698 (Fla.) and cert. denied, 522 U.S. 903, 118 S.Ct. 257, ......
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Green v. U.S.A, Case No. 8:08-cr-348-T-17TGB
...to usePage 14force on an officer, see Jordan v. State, 438 So. 2d 825 (Fla. 1983), or a threat to use force, see Scullock v. State, 377 So. 2d 682, 683 (Fla. 1979) (defendant "threatened to inflict violent harm"). In United States v. Williams, 609 F.3d 1168 (11th Cir. 2010), the Eleventh Ci......
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State v. Barnes, No. 96-01047
...adjudication, one of which is that "[t]here is a presumption of constitutionality inherent in any statutory analysis." Scullock v. State, 377 So.2d 682, 683-684 (Fla.1979). We begin by noting that our principal focus is whether the appellee established below that the statute "is so vague an......
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Wright v. Warden, FCC Coleman - Medium, Case No: 5:11-cv-193-Oc-29PRL
...as an attempt to use force on an officer or a threat to use force. See Jordan v. State, 438 So. 2d 825 (Fla. 1983); Scullock v. State, 377 So. 2d 682, 683 (Fla. 1979). The Eleventh Circuit has recognized that a Florida conviction for resisting arrest with violence constitutes a violent felo......
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Westerheide v. State, No. 5D99-785.
...to be otherwise." State v. Sobieck, 701 So.2d 96 (Fla. 5th DCA), rev. denied, 717 So.2d 538 (Fla. 1998); see also Scullock v. State, 377 So.2d 682 (Fla.1979); State v. Barnes, 686 So.2d 633 (Fla. 2d DCA 1996), rev. denied, 695 So.2d 698 (Fla.) and cert. denied, 522 U.S. 903, 118 S.Ct. 257, ......
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Green v. U.S.A, Case No. 8:08-cr-348-T-17TGB
...to usePage 14force on an officer, see Jordan v. State, 438 So. 2d 825 (Fla. 1983), or a threat to use force, see Scullock v. State, 377 So. 2d 682, 683 (Fla. 1979) (defendant "threatened to inflict violent harm"). In United States v. Williams, 609 F.3d 1168 (11th Cir. 2010), the Eleventh Ci......
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State v. Barnes, No. 96-01047
...adjudication, one of which is that "[t]here is a presumption of constitutionality inherent in any statutory analysis." Scullock v. State, 377 So.2d 682, 683-684 (Fla.1979). We begin by noting that our principal focus is whether the appellee established below that the statute "is so vague an......
-
Wright v. Warden, FCC Coleman - Medium, Case No: 5:11-cv-193-Oc-29PRL
...as an attempt to use force on an officer or a threat to use force. See Jordan v. State, 438 So. 2d 825 (Fla. 1983); Scullock v. State, 377 So. 2d 682, 683 (Fla. 1979). The Eleventh Circuit has recognized that a Florida conviction for resisting arrest with violence constitutes a violent felo......