Goffin v. State

District Court of Appeal of Florida

Goffin v. State

560 So. 2d 421, 1990 Fla. App. LEXIS 3114, 1990 WL 58575

CourtDistrict Court of Appeal of Florida

DecidedMay 9, 1990

DocketNo. 89-1211

StatusPublished

Cited by1 cases

This text of 560 So. 2d 421 (Goffin v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Goffin v. State, 560 So. 2d 421, 1990 Fla. App. LEXIS 3114, 1990 WL 58575 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

Affirmed. On appeal appellant challenges section 843.02, Florida Statutes (1987), as being facially unconstitutional. No challenge to its constitutionality was raised below. We reject this challenge. Dreske v. Holt, 536 F.2d 105 (5th Cir.1976), cert. denied, 429 U.S. 1061, 97 S.Ct. 785, 50 L.Ed.2d 777 (1977). We distinguish City of Houston v. Hill, 482 U.S. 451, 107 S.Ct. 2502, 96 L.Ed.2d 398 (1987), because the Supreme Court found that the enforceable portion of the challenged Houston ordinance dealt exclusively with speech, whereas section 843.02, Florida Statutes (1987), encompasses both speech and conduct. In fact, appellant was convicted under section 843.02 exclusively for his physical conduct, not for any verbal obstruction of police.

DELL, WARNER and GARRETT, JJ., concur.

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PER CURIAM.

Affirmed. On appeal appellant challenges section 843.02, Florida Statutes (1987), as being facially unconstitutional. No challenge to its constitutionality was raised below. We reject this challenge. Dreske v. Holt, 536 F.2d 105 (5th Cir.1976), cert. denied, 429 U.S. 1061, 97 S.Ct. 785, 50 L.Ed.2d 777 (1977). We distinguish City of Houston v. Hill, 482 U.S. 451, 107 S.Ct. 2502, 96 L.Ed.2d 398 (1987), because the Supreme Court found that the enforceable portion of the challenged Houston ordinance dealt exclusively with speech, whereas section 843.02, Florida Statutes (1987), encompasses both speech and conduct. In fact, appellant was convicted under section 843.02 exclusively for his physical conduct, not for any verbal obstruction of police.

DELL, WARNER and GARRETT, JJ., concur.

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560 So. 2d 421, 1990 Fla. App. LEXIS 3114, 1990 WL 58575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goffin-v-state-fladistctapp-1990.

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