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Holliday v. City of Tampa

District Court of Appeal of Florida, Second District
May 24, 1991
586 So. 2d 64 (Fla. Dist. Ct. App. 1991)

Summary

following Wyche and upholding as facially constitutional a municipal ordinance prohibiting loitering for the purpose of selling drugs and certifying the constitutionality of that ordinance to the supreme court

Summary of this case from State v. Calloway

Opinion

No. 91-01215.

May 24, 1991.

Petition for review from the Circuit Court for Hillsborough County, Richard A. Lazzara, J.

Judge C. Luckey, Jr., Public Defender, and Gary O. Welch, Asst. Public Defender, Tampa, for petitioner.


Petitioner seeks certiorari review of the circuit court's order affirming his conviction of loitering for the purpose of selling drugs. § 24-43, City of Tampa Code (1989). Petitioner challenges only the facial constitutionality of the city ordinance.

In Wyche v. State, 573 So.2d 953 (Fla. 2d DCA 1991), this court upheld the facial constitutionality of the Tampa ordinance prohibiting loitering for the purpose of prostitution. We find that the only difference between the two ordinances is the underlying criminal activity. Thus, the petition for certiorari is denied.

In order to give the supreme court discretion to review this decision, we certify the following question of great public importance to the Supreme Court of Florida:

IS SECTION 24-43, CITY OF TAMPA CODE (1989), FACIALLY CONSTITUTIONAL?

FRANK, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.


Summaries of

Holliday v. City of Tampa

District Court of Appeal of Florida, Second District
May 24, 1991
586 So. 2d 64 (Fla. Dist. Ct. App. 1991)

following Wyche and upholding as facially constitutional a municipal ordinance prohibiting loitering for the purpose of selling drugs and certifying the constitutionality of that ordinance to the supreme court

Summary of this case from State v. Calloway
Case details for

Holliday v. City of Tampa

Case Details

Full title:OLIVER HOLLIDAY, PETITIONER, v. CITY OF TAMPA, RESPONDENT

Court:District Court of Appeal of Florida, Second District

Date published: May 24, 1991

Citations

586 So. 2d 64 (Fla. Dist. Ct. App. 1991)

Citing Cases

State v. Calloway

Compare Wyche v. State, 573 So.2d 953 (Fla. 2d DCA 1991) (municipal ordinance prohibiting loitering for the…

Holliday v. City of Tampa

BARKETT, Chief Justice. We have for review Holliday v. City of Tampa, 586 So.2d 64, 65 (Fla. 2d DCA 1991), in…