Goffin v. State

Full title: ANTHONY JERON GOFFIN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: May 9, 1990

560 So. 2d 421 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-1211.

May 9, 1990.

Appeal from the Circuit Court, Broward County, M. Daniel Futch, Jr., J.

Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.

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.