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Stone v. State

District Court of Appeal of Florida, First District
Jun 29, 1972
264 So. 2d 81 (Fla. Dist. Ct. App. 1972)

Opinion

No. R-80.

June 29, 1972.

Appeal from the Felony Court of Record of Volusia County, Uriel Blount, Jr., J.

Raymond R. Stone, in pro. per.

Robert L. Shevin, Atty. Gen., and William E. Whitlock, III, Asst. Atty. Gen., for appellee.


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.


Summaries of

Stone v. State

District Court of Appeal of Florida, First District
Jun 29, 1972
264 So. 2d 81 (Fla. Dist. Ct. App. 1972)
Case details for

Stone v. State

Case Details

Full title:RAYMOND R. STONE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jun 29, 1972

Citations

264 So. 2d 81 (Fla. Dist. Ct. App. 1972)

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