Gideon Bernhardt v. State Florida

This appeal has been transferred to us by the District Court of Appeal, Fourth District, pursuant to Florida Appellate Rule 2.1, subd. a(5), 32 F.S.A., to review an order of the Circuit Court of Orange County which revoked appellants probation and sentenced him to eighteen months confinement with credit for time served in the county jail pending the probation revocation hearing. The order revoking probation inferentially passed on the constitutionality of Section 949.10, Florida Statutes, F.S.A., since petitioners motion to dismiss the warrant for violation of probation was based on the ground that said statute is unconstitutionally void for vagueness and the trial court specifically denied appellants motion to dismiss on constitutional grounds and found this statute to be constitutional. Furthermore, the trial judge stated that the proceeding before it was pursuant to Section 949.10, Florida Statutes, F.S.A., and subsequently entered the order revoking probation. We have jurisdiction of this cause pursuant to Article v. Section 3(b)(1), Florida Constitution, F.S.A. (1973). See Evans v. Carroll, 104 So.2d 375 (Fla.1958); Harrells Candy Kitchen v. Sarasota-Manatee Airport Authority, 111 So.2d 439 (Fla.1959); Demkos Gold Coast Trailer Park v. Palm Beach County, 218 So.2d 745 (Fla.1969).