W.J. v. State

2 Citing cases

  1. D.T. v. State

    87 So. 3d 1235 (Fla. Dist. Ct. App. 2012)   Cited 11 times

    In the absence of evidence that the property owner had given police permission to issue trespass warnings or that the property was “posted” within the meaning of the trespass statute, appellant could not be convicted of trespass. See W.J. v. State, 18 So.3d 1259 (Fla. 3d DCA 2009) (noting appellant obtained judgment of dismissal on trespass charge because State failed to present evidence that officer who previously warned appellant against trespass had authority to give such warning); Smith v. State, 778 So.2d at 331 (reversing where no evidence that anyone, owner or police, had previously warned appellant not to trespass and no evidence “no trespassing” signs complied with statute); In re B.P., 610 So.2d 625 (Fla. 1st DCA 1992) (holding appellant entitled to judgment of acquittal where no evidence signs contained property owner's name as required by statute). And, while we need not decide the issue, the absence of such evidence in this case may arguably preclude a finding of probable cause.

  2. T.D. v. State

    83 So. 3d 990 (Fla. Dist. Ct. App. 2012)

    The fact that the State did not prevail at trial on the underlying criminal activity providing the basis for the arrest, battery on a school official or interference with the function of an educational institution, does not defeat the existence of probable cause supporting an arrest. See W.J. v. State, 18 So.3d 1259, 1260 (Fla. 3d DCA 2009); see also E.W. v. State, 873 So.2d 485, 488 (Fla. 1st DCA 2004). Affirmed.