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STATE v. FUCHS

No. SC96766.

769 So.2d 1006 (2000)

STATE of Florida, Appellant, v. Gwendolyn FUCHS, Appellee.

Supreme Court of Florida.

September 14, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Kellie A. Nielan and Mary G. Jolley, Assistant Attorneys General, Daytona Beach, Florida, for Appellant.

James B. Gibson, Public Defender, and Noel A. Pelella and Barbara C. Davis, Assistant Public Defenders, Seventh Judicial Circuit, Daytona Beach, Florida, for Appellee.

LEWIS, J.

We have on appeal State v. Fuchs, 751 So.2d 603 (Fla. 5th DCA 1999), declaring section 827.04(1)(a), Florida Statutes (1997), unconstitutionally vague. We have jurisdiction. See Art. V, § 3(b)(1), Fla. Const. For the reasons outlined below, we reverse the district court's decision and hold that section 827.04(1)(a) is not unconstitutionally vague.

FACTS

On April 7, 1998, at approximately...

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