STATE OF FLORIDA, APPELLANT,
v.
GEORGE M. JENKINS, APPELLEE
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The court held that the facts alleged were sufficient to allow a jury to find the defendant guilty of attempted sexual battery.
The defendant was charged with attempted sexual battery and filed a motion to dismiss. The trial court granted the motion, finding the facts insuffici…
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LEHAN, Acting Chief Judge.
The state appeals the trial court’s dismissal of the criminal charge against the defendant. We reverse.
Defendant was charged with attempted sexual battery. He filed a motion to dismiss the amended information. In response the state filed a traverse. The trial court granted defendant’s motion upon a finding that the facts shown did not support the charge of attempted sexual battery.
Without reciting the bizarre facts in any detail, suffice it to say that the facts as alleged in defendant’s motion and the state’s traverse, while not absolutely indicative of an attempted sexual battery, are sufficient to allow a jury to find defendant guilty of that crime. The defendant’s intent, being a state of mind, must be inferred by the trier of fact from the defendant’s acts and the surrounding circumstances and is ordinarily not to be determined on a motion to dismiss. See State v. Stenza, 453 So. 2d 169, 172 (Fla. 2d DCA 1984). Similarly, whether defendant’s conduct constituted a threat to cause serious personal injury and whether the victim had a reasonable belief that defendant had the ability to carry out that threat are for the jury to decide.
Reversed.
THREADGILL and PARKER, JJ., concur.
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V.M. v. State, 729 So. 2d 428 (Fla. 1st DCA 1999)…o strike the victim, whom she knew to be pregnant, is evidenced by appellant’s repeated blows and by her repeatedly striking the victim in the back, an area that in this case would not have been repeatedly struck inadvertently. See State v. Jenkins, 522 So. 2d 890 (Fla. 2d DCA 1988) (stating that “intent, being a state of mind, must be inferred by the trier of fact from the defendant’s acts and the surrounding circumstances”). Thus, the evidence is legally sufficient as to each of the elements of the aggravat…
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- CFM Distrib. & Iowa Nat'l Mut. Ins. Co. v. Alpert, 453 So. 2d 169 (Fla. 1st DCA 1984)
- State v. Stenza, 453 So. 2d 169 (Fla. 2d DCA 1984)