CAMERON RASHAD DENARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the evidence did not establish specific intent to threaten one victim, but did support other convictions.
Defendant was convicted of robbery and assault charges. The State needed to prove specific intent to do violence for aggravated assault.…
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Cameron R. Denard appeals from his convictions and sentences for two counts of robbery with a firearm and three counts of aggravated assault with a firearm. His sole contention on appeal is that the trial court erred in denying his motions for judgment of acquittal. We have carefully reviewed the testimony presented at trial, and conclude that the trial court correctly denied Denard’s motions for judgment of acquittal except as to the single aggravated assault charge involving Javier Solitz.
To establish an aggravated assault, the State must prove that the defendant had the specific intent to do violence to the person of another. Swift v. State, 973 So.2d 1196, 1199 (Fla. 2d DCA 2008). This threat element addresses the defendant’s intent, not simply the reaction of the person perceiving the act. Benitez v. State, 901 So.2d 935, 937 (Fla. 4th DCA 2005). In this case, the evidence does not establish that Denard had the specific intent to threaten Solitz. As Denard and his co-defendant approached two of Solitz’s friends menacingly, Solitz rolled under a nearby truck and remained there during the robbery of his two friends. Apparently, the robbers never saw him. While Solitz could see guns, he remained under the truck during the entire incident and no one pointed a gun at him or specifically threatened him.
We reverse the aggravated assault conviction and sentence as it pertains to Javier Solitz and remand to the trial court to vacate that conviction and sentence. All other convictions and sentences are affirmed. Resentencing is not necessary.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
PALMER and EVANDER, JJ., concur.
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Aracieo Cambell v. State, 37 So. 3d 948 (Fla. 5th DCA 2010)…behind his vehicle before he started to back up in the victim’s direction, its holding was that the State failed to prove that Mr. Swift intended his act of backing the car to be a threat to do violence to the victim. Similarly in Denard v. State, 30 So. 3d 595 (Fla. 5th DCA 2010), this court specifically held that, “In this case, the evidence does not establish that Denard [the accused] had the specific intent to threaten Solitz [the victim].” (Emphasis added). While it might be argued that there is dicta…
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Denard v. State, 152 So. 3d 1257 (Fla. 5th DCA 2014)…. We reverse. Denard was convicted and sentenced on various charges in early 2008. He appealed, and this Court affirmed in part, reversed in part, and remanded the case to vacate the conviction and sentence as to one of the counts. Denard v. State, 30 So. 3d 595 (Fla. 5th DCA 2010). The mandate was issued on April 14, 2010. On January 30, 2014, Denard filed a “Motion for Enlargement of Time” to file a belated motion for postconviction relief, claiming that he retained an attorney in January 2011 to file a…
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J.S. v. State, 207 So. 3d 903 (Fla. 4th DCA 2017)…t act or acts from which we can infer an intentional threat. Florida case law presents several cases in which the appellate court discusses the requirement of an intentional threat as an element of the charge of assault. See, e.g., Denard v. State, 30 So. 3d 595, 596 (Fla. 5th DCA 2010); Benitez, 901 So. 2d at 937; Lifka v. State, 530 So. 2d 371, 375 (Fla. 1st DCA 1988); Battles v. State, 288 So. 2d 573, 574-76 (Fla. 2d DCA 1974). The case most clearly on point is Benitez, upon which the appellant heavily r…
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- Benitez v. State, 901 So. 2d 935 (Fla. 4th DCA 2005)
- Swift v. State, 973 So. 2d 1196 (Fla. 2d DCA 2008)