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WHITTED v. STATE

No. 51960.

362 So.2d 668 (1978)

Michael WHITTED, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

September 7, 1978.

Attorney(s) appearing for the Case

Philip J. Padovano, St. Petersburg, and Martin E. Rice of Harris, Clark, Green, Piper & Davenport, St. Petersburg, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee.

SUNDBERG, Justice.

This cause is before us on appeal from an order of the judge of the County Court for Pinellas County, Florida, which initially and directly passed on the constitutionality of Section 796.07(3)(a), Florida Statutes (1975). We have jurisdiction pursuant to Article V, Section 3(b)(1), Florida Constitution.

Appellant, Michael Whitted, was charged with the offense of prostitution, lewdness or assignation under Section 796.07(3)(a),

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