BILLER v. STATE

No. 5D12-2820.

109 So.3d 1240 (2013)

Mark BILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 28, 2013.


Attorney(s) appearing for the Case

Thomas E. Cushman , St. Augustine, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Ann M. Phillips , Assistant Attorney General, Daytona Beach, for Appellee.


TORPY, J.

Appellant pleaded guilty to fifteen counts of possession of child pornography and one count of transmission of pornography by electronic device, reserving his right to appeal the denial of his dispositive motion to dismiss the charges. He argues that the trial court erred in denying his motion to dismiss the charges of possession of child pornography because section 827.071(5), Florida Statutes (2010), is unconstitutional and void for vagueness. He also...

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