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STATE v. ECKER

Nos. 44348, 44349, 44586 and 44587.

311 So.2d 104 (1975)

STATE of Florida, County of Dade, Appellant, v. William ECKER, Appellee. STATE of Florida, County of Dade, Appellant, v. Walter HARRIS, Appellee. Joseph BELL, Appellant, v. STATE of Florida, Appellee. Billy WORTH, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied April 30, 1975.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and J. Robert Olian, Asst. Atty. Gen., for County of Dade and State of Florida, appellant-appellee.

Phillip A. Hubbart, Public Defender, and Mark King Leban, Melvin Black and Kurt Lyle Marmar, Asst. Public Defenders, for Joseph Bell, Billy Worth, William Ecker and Walter Harris, appellant-appellee.

Stanley M. Pred and Michael L. Mann, Miami, for American Civil Liberties Union of Florida, Inc., amicus curiae.

OVERTON, Justice.

This decision concerns the constitutionality of this state's "loitering" statute, Section 856.021, Florida Statutes (1973). Four cases have been consolidated for the purpose of this appeal. The cases of Bell v. State and Worth v. State are direct appeals from trial court convictions under the subject statute. The cases of State v. Ecker and State v. Harris are appeals by the State of Florida from trial court orders dismissing charges brought for...

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