S.F., A JUVENILE
v.
THE STATE OF FLORIDA
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An indictment is not defective for failing to explicitly allege an essential element of a crime if it references a specific criminal statute that sufficiently details all elements of the offense.
[1] An indictment that references a specific criminal statute detailing all elements of an offense is not rendered defective by its failure to explicitly allege each element…
[2] Whether an object constitutes a deadly weapon in the context of a crime is a factual question determined by considering the object's size, shape, material, and the manner…
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Join FLexlaw to unlock all legal intelligence“The failure to include an essential element of a crime does not necessarily render an indictment so defective that it will not support a judgment of conviction when the indictment references a specific section of the criminal code which sufficiently details all the elements of the offense.”
Holding regarding indictment sufficiency
S.F., a juvenile, was convicted in circuit court in Miami-Dade County. The case involved issues regarding indictment specificity and the characterizat…
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Opinion filed September 20, 2023. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-2144 Lower Tribunal No. 21-858
________________
S.F., a juvenile,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Dawn Denaro, Judge. Carlos J. Martinez, Public Defender, and Nicholas A. Lynch, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and Kseniya Smychkouskaya, Assistant Attorney General, for appellee. Before EMAS, SCALES and MILLER, JJ. PER CURIAM. Affirmed. See Duboise v. State, 520 So. 2d 260, 265 (Fla. 1988) (“[T]he failure to include an essential element of a crime does not necessarily render an indictment so defective that it will not support a judgment of conviction when the indictment references a specific section of the criminal code which sufficiently details all the elements of the offense.”); D.B.B. v. State, 997 So. 2d 484, 485 (Fla. 2d DCA 2008) (“A deadly weapon is . . . any instrument likely to cause great bodily harm because of the way it is used during a crime. Whether an item is a deadly weapon is a factual question to be determined under the circumstances, taking into consideration its size, shape, material, and the manner in which it was used or was capable of being used.”) (citation omitted).
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Wright v. State, 41 So. 3d 924 (Fla. 1st DCA 2010)…933 (Fla. 4th DCA 2007). Thus, we reverse with directions that appellant’s conviction and sentence for aggravated battery be stricken and a conviction for simple battery be imposed followed by resentencing. Dixon, 603 So. 2d at 571; D.B.B. v. State, 997 So. 2d 484 (Fla. 2d DCA 2008); E.J. v. State, 554 So. 2d 578 (Fla. 3d DCA 1989). REVERSED. KAHN and ROBERTS, JJ„ concur.…
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Wallace v. State, 240 So. 3d 872 (Fla. 1st DCA 2018)
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J.P. v. State, 128 So. 3d 61 (Fla. 3d DCA 2013)…s an item which, “when used in the ordinary manner contemplated by its design, will or is likely to cause death or great bodily harm; or any instrument likely to cause great bodily harm because of the way it is used during a crime.” D.B.B. v. State, 997 So. 2d 484, 485 (Fla. 2d DCA 2008). The items at issue here, quarter-sized rocks, are not ordinarily likely to cause death or great bodily harm. And based on the evidence adduced below, the rocks were not used in a way likely to cause great bodily harm and in…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- DuBOISE v. State, 520 So. 2d 260 (Fla. 1988)
- D.B.B. v. State, 997 So. 2d 484 (Fla. 2d DCA 2008)