SIMMONS v. STATE

No. 51223.

354 So.2d 1211 (1978)

Willie E. SIMMONS, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

January 26, 1978.


Attorney(s) appearing for the Case

Willie E. Simmons, in pro per., Theodore E. Mack, Asst. Public Defender, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., for appellee.


PER CURIAM.

Appellant was charged with burglary, a violation of Section 810.02, Florida Statutes (1975), and moved to dismiss on the grounds that the statute is unconstitutionally vague and overbroad. The record does not reflect any ruling on appellant's motion, but apparently it was denied as the case proceeded to trial. Upon conviction, appellant renewed his challenge to the statute by motion for a new trial. Motion was denied and appellant appealed. The First District...

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