DAVID DUDZIAK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2014-08-06
No. 4D12-4580
LEVINE, CONNER and KLINGENSMITH, JJ., concur.
149 So. 3d 61 Florida District Court of Appeal, Fourth District (2014) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Alonso v. State, 447 So.2d 1029 (Fla. 4th DCA 1984).

LEVINE, CONNER and KLINGENSMITH, JJ., concur.


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  • Tomlinson v. State, 322 So. 3d 212 (Fla. 3d DCA 2021)
    …by our sister court in Calamia. We observe that the court in Calamia itself reasoned that legal malice is the more appropriate standard, and that post-Calamia, district courts have continued to rely on Alonso and Dudley. See Dudziak v. State, 149 So. 3d 61 (Fla. 4th DCA 2014); O’Flaherty-Lewis v. State, 230 So. 3d 15 (Fla. 4th DCA 2017). Moreover, we are persuaded by the reasoning in 7 Seese,2 concluding that “the plain meaning of the statutory term maliciously is legal malice: i.e. ‘wrongfully…

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