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STATE v. TIROHN

No. 89-361.

556 So.2d 447 (1990)

STATE of Florida, Appellant, v. John B. TIROHN, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 14, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Gypsy Bailey, Asst. Atty. Gen., Tallahassee and Laura Griffin, Asst. Atty. Gen., Daytona Beach, for appellant.

Warren W. Lindsey and David A. Henson of Muller, Kirkconnell, Lindsey and Snure, P.A., Winter Park, for appellee.

GOSHORN, Judge.

The State appeals the dismissal of its information charging John B. Tirohn with unlawfully and knowingly possessing a video cassette tape which he knew to include sexual conduct by a child, in violation of section 827.071(5), Florida Statutes (1987). The dismissal is grounded upon a finding by the trial court that the statutory definition of "sexual conduct" is substantially overbroad and therefore unconstitutional. We reverse.

Tirohn was arrested...

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