Opinion
Nos. 87105, 87106, 87107 and 87108.
May 16, 1996.
An Appeal from the District Court of Appeal — Statutory or Constitutional Invalidity, Second District — (Pinellas County) Case Nos. 94-03263, 94-03325, 95-01587 and 95-00778.
Robert A. Butterworth, Attorney General; and Robert J. Krauss, Senior Assistant Attorney General and Katherine V. Blanco, Assistant Attorney General, Tampa, for Appellant in Nos. 87105, 87106 and 87107.
James Marion Moorman, Public Defender and Brad Permar, Assistant Public Defender, Tenth Judicial Circuit, Clearwater, for Appellees in No. 87105, 87106 and 87107.
Robert A. Butterworth, Attorney General; and Robert J. Krauss, Senior Assistant Attorney General and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellant in No. 87108.
Robert E. Jagger, Public Defender; and Jean M. Higham and Wayne R. Coment, Assistant Public Defenders, Sixth Judicial Circuit, Clearwater, for Appellee in No. 87108.
The State appeals the Second District Court of Appeal's decision in State v. Ayers, 665 So.2d 296 (Fla. 2d DCA 1995). In Ayers, the Second District relied on our prior decision in State v. Winters, 346 So.2d 991 (Fla. 1977), to declare section 827.05, Florida Statutes (1993), unconstitutional. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.
The four styled cases which where consolidated in the district court have been consolidated here.
Consistent with the Second District's decision, this Court recently concluded that section 827.05, as amended in 1977, remains unconstitutionally vague under our prior decision in Winters. State v. Mincey, 672 So.2d 524 (Fla. 1996). Accordingly, we affirm.
Ch. 77-429, § 2, at 1747, Laws of Fla. (amending § 827.05, Fla.Stat. (1975)).
It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.