Stone v. State

District Court of Appeal of Florida

Stone v. State

264 So. 2d 81, 1972 Fla. App. LEXIS 6502

CourtDistrict Court of Appeal of Florida

DecidedJune 29, 1972

DocketNo. R-80

StatusPublished

Cited by4 cases

This text of 264 So. 2d 81 (Stone 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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Stone v. State, 264 So. 2d 81, 1972 Fla. App. LEXIS 6502 (Fla. Ct. App. 1972).

Pincite

Opinion

PER CURIAM.

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.

SPECTOR, C. J., and WIGGINTON and JOHNSON, JJ., concur.

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