AMOS BAKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Court held that while the riot statute is constitutional, the information was insufficient to charge the offense under a restrictive construction.
Appellant was charged with riot under Section 870.01(2), Florida Statutes. He moved to dismiss, arguing the statute was unconstitutional due to lack o…
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OVERTON, Justice. This case is before this Court upon the constitutionality of the riot statute, Section 870.01(2), Florida Statutes (1973). The appellant, Amos Baker, was charged in an information as follows: “AMOS BAKER, did then and there riot, or incite a riot, or encourage a riot.” The appellant moved to dismiss the information on the grounds that: “ . . . Chapter 870.01 of the Florida Statutes is unconstitutional in that it fails to set forth sufficient information and guidelines. . . . ” The trial court denied the motion to dismiss. We have jurisdiction.1 The appellant was tried by a jury, which returned its verdict of guilty to the offense charged in the information. The appellant was sentenced to five years in the state prison.
We hold Section 870.01(2), Florida Statutes (1973), is constitutional in accordance with our recent decision in State v. Beasley, 317 So. 2d 750 (Fla.1975), and the restrictive construction contained therein. Under the guidelines set out in State v. Beasley, supra, the information in this cause is insufficient to properly charge the offense of riot.
The trial court is reversed, and the conviction and sentence are hereby vacated, without prejudice to the State to file an amended information. This cause is remanded for proceedings not inconsistent herewith.
It is so ordered. ADKINS, C. J„ and ROBERTS, BOYD, ENGLAND, SUNDBERG and HATCHETT, JJ., concur. . Article Y, Section 3(b) (1), Florida Constitution.
Cases With Similar Vibessemantic neighbors from the corpus
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Corn v. State, 332 So. 2d 4 (Fla. 1976)…l-pleaded and only those.” Allen v. State, 326 So. 2d 419 (Fla. 1975). A conviction predicated on a plea to an information which fails to charge a crime is a nullity. Allen v. State, supra; Kelly v. State, 323 So. 2d 565 (Fla. 1975); Baker v. State, 323 So. 2d 556 (Fla. 1975); Zimmerman v. State, 320 So. 2d 41 (Fla.App.2d Dist. 1975). Where an accusatory pleading “wholly fails to allege any offense against the defendant, or to allege the essential elements of the statutory offense sought to be charged, it can…
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Blannie Mae Spears v. State, 337 So. 2d 977 (Fla. 1976)…al challenge to the validity of a state statute. Accordingly, we have jurisdiction. Wooten v. State, 332 So. 2d 15 (Fla., 1976); Allen v. State, 326 So. 2d 419 (Fla. 1975) (reh. den. 1976); Kelly v. State, 323 So. 2d 565 (Fla. 1975); Baker v. State, 323 So. 2d 556 (Fla. 1975); Singletary v. State, 322 So. 2d 551 (Fla. 1975); Hurley v. State, 322 So. 2d 506 (Fla. 1975). This is not the first time Section 847.05 has been challenged in this Court as an unconstitutional, abridgement of the freedom of speech, gua…
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Crossley v. State, 334 So. 2d 17 (Fla. 1976)…or s. 775.084. After his motion to dismiss was denied, appellant pleaded nolo contendere, expressly preserving for appeal the question whether the motion to dismiss was properly denied. See Kelly v. State, 323 So. 2d 565 (Fla.1975); Baker v. State, 323 So. 2d 556 (Fla.1975); State v. Ashby, 245 So. 2d 225 (Fla.1971). It is conceded that appellant was in possession of a firearm, having been previously convicted of a felony (aggravated assault), as alleged in the information. Appellant contends that the statu…
Authorities Cited
- State v. Beasley, 317 So. 2d 750 (Fla. 1975)