VIDAL SOTO, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (44 total)

• A.P.R. v. State, 894 So. 2d 282 (Fla. 5th DCA 2005)
  …the Rules of Juvenile Procedure, the proper title of the motion should have been a Motion for Judgment of Dismissal. Notwithstanding, this court uses the same standard on review as for a judgment of acquittal”) (citations omitted); E.A.B. v. State, 851 So. 2d 308 (Fla. 2d DCA 2003); W.E.P., Jr. v. State, 790 So. 2d [*285] 1166 (Fla. 4th DCA 2001); see also J.L.F. v. State, 887 So. 2d 432 (Fla. 5th DCA 2004); M.N. v. State, 821 So. 2d 1205 (Fla. 5th DCA 2002) (applying standard of review for motions for judgm…

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• O.B. v. State, 36 So. 3d 784 (Fla. 3d DCA 2010)
  …ting B.D.H. v. State, 903 So. 2d 390 (Fla. 3d DCA 2005)). “The element of lawful execution of a legal duty is satisfied if an officer has either a founded suspicion to stop the person or probable cause to make a warrantless arrest.” E.A.B. v. State, 851 So. 2d 308, 311 (Fla. 2d DCA 2003). Otherwise, “the individual has a right to ignore the police and go about his business.” Illinois v. Wardlow, 528 U.S. 119, 125, 120 S.Ct. 673, 145 L.Ed.2d 570 (2000). A stop is justified when an officer observes facts givin…
• K.W. v. State, 983 So. 2d 713 (Fla. 2d DCA 2008)
  …So. 2d 618, 620 (Fla. 2d DCA 2007). In order to survive a motion for judgment of dismissal, the State must present sufficient evidence “to establish a prima facie case of guilt against the child.” Fla. R. Juv. P. 8.110(k); see also E.A.B. v. State, 851 So. 2d 308, 310 (Fla. 2d DCA 2003). “In considering such a motion, the evidence and all reasonable inferences that may be drawn from the evidence must be viewed in the fight most favorable to the State.” P.B.P., 955 So. 2d at 620. “[I]f a rational trier of fac…

Authorities Cited

• Heggs v. State, 759 So. 2d 620 (Fla. 2000)
• Xzavier Trapp v. State, 760 So. 2d 924 (Fla. 2000)