Scullock v. StateScullock v. State
This is an appeal from a circuit court‘s judgment which directly upheld the constitutional validity of that portion of
The relevant facts reflect that the appellant, Willie Arthur Scullock, entered the apartment of Joyce Williams on the night of July 10, 1978. He refused to leave upon her request and subsequently forced Ms. Williams from the apartment. Police officers, summoned by Ms. Williams, informed Scullock that he was under arrest for trespassing and ordered him to leave the apartment. Scullock refused to exit and threatened to shoot anyone attempting entry into the apartment. Ms. Williams informed the police that Scullock was armed with a .22 caliber revolver. Upon Scullock‘s surrender, approximately two hours after police arrival, officers did seize a .22 caliber pistol inside the apartment. Scullock was subsequently convicted on two counts of resisting arrest with violence in violation of
Whoever knowingly and willfully resists ... any sheriff [or legal officer] ... in the execution of legal process ... by offering or doing violence to the person of such officer ... shall be guilty of a felony of the third degree... .
The appellant moved to dismiss the information, contending that
Allegations concerning vagueness of criminal statutes are regularly before this Court, and the guidelines and standards to be applied in determining whether a statute is vague are well established. Clearly, due process requires that a person of common intelligence must be able to discern the activity sought to be proscribed by statute. Linville v. State, 359 So.2d 450 (Fla. 1978). A statute will be considered unconstitutionally vague if it fails to convey a “sufficiently definite warning as to the proscribed conduct when measured by common understanding and practices.” Roth v. United States, 354 U.S. 476, 491, 77 S.Ct. 1312, 1313, 1 L.Ed.2d 1498, 1499 (1957); see State v. Dye, 346 So.2d 538 (Fla. 1977); Washington v. State, 302 So.2d 401 (Fla. 1974), cert. denied, 421 U.S. 918, 95 S.Ct. 1582, 43 L.Ed.2d 786 (1975); State v. Lindsay, 284 So.2d 377 (Fla. 1973). The issue in the instant case is whether the phrase “offering ... violence” is vague and indefinite so as to inadequately define the prohibited activity under
In this context, the common understanding of the word “offer” is the major factor in the instant statutory analysis. “Offer,” as a noun, is defined as a “proposal to do a thing.” Black‘s Law Dictionary 1233 (4th ed. 1968). The verb “offer” is defined “to make a proposal to,” Blacks; “to try to begin or exert ... (don‘t shoot unless they [offer] violence),” Webster‘s Third New International Dictionary 1566 (1971). Case law in other jurisdictions has defined “offer” in similar fashions.2
In addition to the literal definition of the phrase, it is also important to note that “offer” is a term commonly employed in our criminal statutes. Among these, it is a criminal offense to “offer to commit” prostitution,
The alleged ambiguity of the phrase “offering ... violence” must be considered within this overall framework. We acknowledge the general definitions of the word “offer“; we note that the phrase is included in
The appellant, while armed or having the immediate ability to be armed, threatened to shoot police officers who were present and attempting to perform a lawful arrest. By his conduct appellant proposed or threatened to inflict violent harm to the officers, indicating a willingness and having the capacity to achieve that result. We find that a person of ordinary understanding and intelligence would find this conduct to be prohibited by
It is so ordered.
ENGLAND, C.J., and ADKINS, BOYD, SUNDBERG and ALDERMAN, JJ., concur.