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Robinson v. State

District Court of Appeal of Florida, First District
Mar 27, 2003
840 So. 2d 1138 (Fla. Dist. Ct. App. 2003)

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. State

Opinion

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.


Summaries of

Robinson v. State

District Court of Appeal of Florida, First District
Mar 27, 2003
840 So. 2d 1138 (Fla. Dist. Ct. App. 2003)

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. State

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. State

suggesting that one method of establishing defendant's knowledge of the existence of a permanent injunction is proof of service of the permanent injunction

Summary of this case from Canavan v. State

suggesting that one method of establishing defendant's knowledge of the existence of a permanent injunction is proof of service of the permanent injunction

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

Robinson v. State

Case Details

Full title:TIMOTHY ROBINSON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Mar 27, 2003

Citations

840 So. 2d 1138 (Fla. Dist. Ct. App. 2003)

Citing Cases

Canavan v. State

If the defendant is served with the permanent injunction, we agree that proof of service is sufficient to…

Canavan v. State

If the defendant is served with the permanent injunction, we agree that proof of service is sufficient to…