O.D., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PATTERSON, Judge.
This appeal arises from the state charging the appellant by juvenile petition with the assault of Patrick Dawson. Mr. Dawson and his wife testified that the appellant stated to Mr. Dawson: “Before I’m twenty-one, you will be dead.” At the time the appellant made the statement, he did not have a weapon; Mr. Dawson was in his own yard behind a fence and the appellant was across the road. At the close of the state’s case, the appellant made a motion for judgment of acquittal, which the trial court denied.
The state failed to prove the essential elements of assault. See § 784.011, Fla. Stat. (1991). The state’s evidence failed to show that the appellant directed an overt act at Mr. Dawson to place him in fear. See Lifka v. State, 530 So. 2d 371, 375 (Fla. 1st DCA 1988); Battles v. State, 288 So. 2d 573 (Fla. 2d DCA), cert. denied, 295 So. 2d 302 (Fla.1974). The state’s evidence also failed to show a well-founded fear that violence was imminent. See Johnson v. Brooks, 567 So. 2d 34 (Fla. 1st DCA 1990). Thus, the trial court should have granted the appellant’s motion for judgment of acquittal at the conclusion of the state’s case.
Reversed.
FRANK, A.C.J., and BLUE, J., concur.
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Carter v. State, 730 So. 2d 824 (Fla. 5th DCA 1999)…Carter’s motion for a judgment of acquittal because the state submitted evidence, including statements made [*825] by Ms. Carter, which indicated that she intended to assault the victim at the time she entered the victim’s house. Cf. O.D. v. State, 614 So. 2d 23 (Fla. 2d DCA 1993). AFFIRMED. GOSHORN, HARRIS and ANTOON, JJ., concur. . § 810.02(1), Fla. Stat. (1995).…
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P.R. v. State, 782 So. 2d 509 (Fla. 2d DCA 2001)…te concedes, that the State did not prove the element of a well-founded fear of imminent violence necessary for an aggravated assault conviction. See § 784.011(1), Fla.Stat. (1999); State v. Von Deck, 607 So. 2d 1388, 1389 (Fla.1992); O.D. v. State, 614 So. 2d 23, 24 (Fla. 2d DCA 1993). At trial, the State introduced evidence that P.R. approached the victim from behind and hit the victim’s head with a chair. The undisputed testimony at trial was that the victim was unaware that P .R. was about to hit him. Wh…
Authorities Cited
- Johnson v. Brooks, 567 So. 2d 34 (Fla. 1st DCA 1990)
- Lifka v. State, 530 So. 2d 371 (Fla. 1st DCA 1988)
- Battles v. State, 288 So. 2d 573 (Fla. 2d DCA 1974)
- Broge v. State, 295 So. 2d 302 (Fla. 1974)
- Ford v. State, 295 So. 2d 302 (Fla. 1974)