Stone v. State
264 So. 2d 81, 1972 Fla. App. LEXIS 6502
Opinion
Appellant seeks reversal of the order denying his motion for post-conviction relief. It is urged that the decision of Franklin v. State, 257 So.2d 21 (Fla.1971), which declared Florida Statutes § 800.01, F.S.A., unconstitutional for vagueness and uncertainty, should have retroactive effect. This contention is directly contradicted by the Franklin case itself, wherein it is stated:
“In view of our former decisions, this judgment holding the felony statute void is not retroactive, but prospective only.” 257 So.2d at 24.
We have considered appellant’s remaining contentions of error and find them to be totally without merit. The order appealed herein is therefore affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Stone v. State, 264 So. 2d 81, 1972 Fla. App. LEXIS 6502 (Fla. Ct. App. 1972).
264 So. 2d 81 (Stone v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Wainwright v. Stone
414 U.S. 21 (Supreme Court, 1973)
Raymond R. Stone v. Louie L. Wainwright, Director, Etc., Eugene P. Huffman v. James F. Tompkins
478 F.2d 390 (Fifth Circuit, 1973)
Seidel v. Hill
264 So. 2d 81 (District Court of Appeal of Florida, 1972)