ROBERTS, Justice.
This cause has been transferred to us by the Circuit Court, Fifteenth Judicial Circuit
On January 19, 1973, appellant was charged by information with two counts of causing a minor under 18 to become a delinquent or dependent child, two counts of unnatural and lascivious acts, and four counts of assignation contrary to Sections 828.21, 800.02, and 796.07, Florida Statutes, F.S.A. Appellant moved to quash and dismiss the information and alleged as grounds therefor the unconstitutionality of the aforestated statutes. Hearing was held on this motion after which the trial court entered an order upholding the constitutionality of these statutes and denying appellants motion to quash and dismiss counts 1, 3, 4, 5, 6, 7, and 8. Count 2 was dismissed because in charging violation of Section 828.21, count 2 alleged that the minor involved was seventeen. Since delinquent child is described by Section 39.01 to be one under seventeen years of age, the trial judge dismissed count 2.
Subsequently, appellant expressed an intent to withdraw his previous plea of not guilty and to enter a plea of nolo contendere as to counts 1, 3, and 5. The court, after interrogating appellant as to his understanding of the nature of the charge and as to whether his plea was being made freely and voluntarily without threat of punishment or promise of reward having been made, accepted appellant's plea of nolo contendere as to counts 1, 3, and 5, and adjudged him guilty thereof.
Section 828.21, Florida Statutes, F.S.A., provides:
The trial court correctly upheld the constitutionality of this statute. Section 828.21 conveys a sufficiently definite warning as to the proscribed conduct when measured by common understanding and practice. Lindsay v. State, 284 So.2d 377 (Fla. 1973), filed October 24, 1973, State v. Barone, 124 So.2d 490 (Fla. 1960). Sub judice appellant was charged in count 1 with violation of this act in that he:
This conduct is clearly proscribed by Sections 828.21 and 800.02, Florida Statutes, F.S.A. In State v. Barone, supra, this Court upheld the constitutionality of Section 828.21, Florida Statutes, F.S.A., which is substantially similar to the statute questioned in the instant cause, against attacks of vagueness and overbreadth. For the reasons stated therein which are applicable sub judice in determining the constitutionality vel non of Section 828.21 and for the reasons stated in our recent decision of Lindsay v. State, supra, wherein we upheld the constitutionality of Section 828.19, Florida Statutes, F.S.A., which are equally applicable to the question of constitutionality of Section 828.21, we hold that Section 828.21 is constitutional.
Relative to the constitutionality vel non of Section 800.02 which provides:
we adhere to our recent decision in Witherspoon v. State; Little v. State, 278 So.2d 611 (Fla. 1973), wherein we upheld the constitutionality of Section 800.02 against an attack of vagueness and overbreadth and stated:
Section 796.07, Florida Statutes, F.S.A., provides in pertinent part:
Appellant argues that Section 796.07, Florida Statutes, F.S.A., is unconstitutional because the term lewdness is vague. This statute is sufficiently definite to withstand attacks of vagueness and overbreadth and to convey a sufficiently definite warning of proscribed conduct when measured by common understanding and practice, Chesebrough v. State, 255 So.2d 675 (Fla. 1971); Witherspoon v. State, supra. To make a statute sufficiently certain to comply with constitutional requirements, it is not necessary that it furnish detailed plans and specifications of the acts or conduct prohibited. Orlando Sports Stadium, Inc. v. State ex rel. Powell, 262 So.2d 881 (Fla. 1972).
In addition to assigning as error the trial judge's finding that the aforecited statutes were constitutional, appellant assigned as error the court's acceptance of his plea of nolo contendere. Not only does it clearly appear from the record that this assignment of error is clearly without merit, but also we noted that appellant has failed in his brief to make any argument regarding this point. It is the long standing rule of this Court that when assignments of error are not argued in the briefs they will be deemed abandoned unless jurisdictional or fundamental error appears in the record. Rule 3.7, subd. i, Florida Appellate Rules, 32 F.S.A., see Redditt v. State of Florida, 84 So.2d 317 (Fla. 1955). The record before us supports a finding that the plea was voluntarily and knowingly made and that the trial court properly accepted the plea as such.
Accordingly, we hold Section 828.21, 800.02 and 796.07, Florida Statutes, F.S.A., to be constitutional and affirm the judgment of the trial court.
It is so ordered.
CARLTON, C.J., McCAIN and DEKLE, JJ., concur.
ERVIN, J., dissents.
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