Wilson v. State
Florida Supreme Court
288 So.2d 480 (1974)
Prison inmates Linteen Edward Wilson, Bernard Brinson, and others (defendants) attacked a fellow male inmate at knifepoint and forced him to submit to anal sex. They were charged with sodomy, convicted, and sentenced to additional prison time. During their appeal, the Florida Supreme Court held in Franklin v. State that the state's sodomy statute was unconstitutionally vague. An intermediate appellate court then vacated the convictions but remanded for trial on rape and forcible carnal knowledge under section 794.01. The defendants appealed, and the Florida Supreme Court granted certiorari.
Whether, in reviewing a criminal judgment, an appellate court is bound by the interpretation of the applicable statute's constitutionality prevailing at the time of review.