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STATE v. MAGEE

Nos. 41198, 41206.

259 So.2d 139 (1972)

STATE of Florida, Appellant, v. Coleen Marie MAGEE, Appellee. STATE of Florida, Plaintiff-Appellant, v. Michael Joseph NUNZIATA, Defendant-Appellee.

Supreme Court of Florida.

February 16, 1972.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Nelson E. Bailey, Asst. Atty. Gen., for appellant.

Joe Teague Caruso, of Spielvogel, Goldman & Caruso, Merritt Island, for appellee Coleen Marie Magee.

DEKLE, Justice.

The State appeals the trial court's dismissals of charges on the express ground that a portion of Fla. Stat. § 877.03, F.S.A., was unconstitutional and void for vagueness.1 Jurisdiction vests on the constitutional question under Fla. Const. art. V, § 4 (2), F.S.A. No briefs are filed or appearances made for Respondent Nunziata.

The verbage of the statute ruled unconstitutional by the trial judge reads...

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