Summary
reversing conviction for violation of domestic violence injunction because the State failed to establish, through proof of service of the permanent injunction or through proof that the defendant had some other notice, that the defendant knew the permanent injunction had been entered against him
Summary of this case from Canavan v. StateOpinion
Case No. 1D01-4918.
Opinion filed March 27, 2003.
An appeal from the Circuit Court for Gadsden County. Terry P. Lewis, Judge.
James C. Banks, Esquire, Special Assistant Public Defender, Tallahassee, for Appellant.
Charlie Crist, Attorney General; Kenneth D. Pratt, Assistant Attorney General, Tallahassee, for Appellee.
This is a direct appeal from convictions for aggravated battery on a law enforcement officer and violation of a domestic violence injunction. We affirm the conviction for battery on a law enforcement officer, but reverse the conviction for violation of a domestic violence injunction on the ground that appellant's motion for judgment of acquittal should have been granted. The State failed to establish that appellant knew the permanent injunction had been entered against him, either through proof that appellant had been served with the permanent injunction, or through proof that appellant had some other notice. See Suggs v. State, 795 So.2d 1028, 1029 (Fla. 2d DCA 2001); Cordova v. State, 675 So.2d 632, 636 (Fla. 3d DCA 1996).
ERVIN, DAVIS, and BENTON, JJ., CONCUR.