ANTHONY BROCK, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (13 total)

• B.J. v. State, 951 So. 2d 100 (Fla. 4th DCA 2007)
  …mately adjudicated B.J. delinquent on the loitering and prowling charge. The same standard of review applies to both a motion for judgment of dismissal in a juvenile case and a motion for judgment of acquittal in a criminal case. See G.G. v. State, 903 So. 2d 1031, 1032-33 (Fla. 4th DCA 2005) (quoting A.P.R. v. State, 894 So. 2d 282, 284 (Fla. 5th DCA 2005)). The standard is de novo because the motion tests the legal sufficiency of the state’s evidence. Id. at 1033. In A.A.R. v. State, 926 So. 2d 463, 465 (Fl…

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• E.F. v. State, 110 So. 3d 101 (Fla. 4th DCA 2013)
  …ng or prowling is a misdemeanor, both elements of the offense must be committed in the officer’s presence prior to arrest.” 956 So. 2d at 1238 (citing Grant v. State, 854 So. 2d 240, 242 (Fla. 4th DCA 2003)) (emphasis added); see also G.G. v. State, 903 So. 2d 1031, 1033 (Fla. 4th DCA 2005). Regardless, due to the loitering statute’s potential for abuse, it “must be applied with special care.” P.R. v. State, 97 So. 3d 980, 982 (Fla. 4th DCA 2012). In order to prove the first element, the State “must establish…
• D.S.D. v. State, 997 So. 2d 1191 (Fla. 5th DCA 2008)
  …larm, the concern for an imminent breach of the peace may diminish because the loitering and prowling statute requires the officer to provide the person with the opportunity to dispel any alarm created by those circum [*1194] stances. G.G. v. State, 903 So. 2d 1031, 1033 (Fla. 4th DCA 2005). In G.G., the juvenile gave a false name he later corrected and a dubious story that he and his companion were looking for their dog when the officer questioned them after spotting two juveniles emerge from behind a shoppin…