STATE OF FLORIDA, APPELLANT,
v.
WILLIE FRANK BROWN, APPELLEE

Fla. 2d DCA | 1985-04-10
No. 84-1519
RYDER, C.J., and CAMPBELL, J., concur.
466 So. 2d 1223 Florida District Court of Appeal, Second District (1985) Positive Treatment
Cited by 2 cases
Opinion of the Court
FRANK, Judge.

FRANK, Judge.

The appellee, Brown, was charged with the offense of false imprisonment in violation of section 787.02, Florida Statutes. The trial court dismissed the information for its failure to allege that the appellee’s unlawful restraint of the victim was committed with a specific intent. The state has appealed. We recently held in State v. Graham, 468 So. 2d 270 (Fla. 2d DCA 1985), that false imprisonment is a crime requiring only general intent and that there is no necessity to assert a specific purpose or intent in an information charging a violation of section 787.02.

Accordingly, we reverse and remand for proceedings consistent with this opinion.

RYDER, C.J., and CAMPBELL, J., concur.

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  • Proko v. State, 566 So. 2d 918 (Fla. 5th DCA 1990)
    …and proven at trial beyond a reasonable doubt in order to convict a person of false imprisonment.” The Second District Court of Appeal in State v. Graham, 468 So. 2d 270 (Fla. 2d DCA 1985), rev. denied, 475 So. 2d 694 (Fla.1985), and State v. Brown, 466 So. 2d 1223 (Fla. 2d DCA 1985), rev. denied, 475 So. 2d 693 (Fla.1985), held that the false imprisonment statute is a general intent statute, and, therefore, it is not necessary to allege a specific intent or purpose. Although they did not comment directly on t…
  • Nicholas G. Schommer and James v. Lobozzo, Jr., 489 So. 2d 40 (Fla. 2d DCA 1986)
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