C.C. v. State

District Court of Appeal of Florida

C.C. v. State

811 So. 2d 774, 2002 Fla. App. LEXIS 2882, 2002 WL 360034

CourtDistrict Court of Appeal of Florida

DecidedMarch 8, 2002

DocketNo. 2D01-3008

StatusPublished

This text of 811 So. 2d 774 (C.C. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

C.C. v. State, 811 So. 2d 774, 2002 Fla. App. LEXIS 2882, 2002 WL 360034 (Fla. Ct. App. 2002).

Pincite

Opinion

FULMER, Judge.

The trial court adjudicated C.C. delinquent for three counts of aggravated assault with a firearm. C.C. argues that the evidence was insufficient to sustain the charges as to counts two and three. We agree with this argument and reverse as to counts two and three only. We affirm as to count one.

The charges arose from the allegation that C.C. had pointed a gun at three children. At the adjudicatory hearing, the State’s case rested upon the testimony of the seven-year-old victim involved in count one. The seven-year-old child’s testimony was insufficient to show that the three-year-old victims involved in counts two and three were cognizant of the gun and were placed in fear by C.C.’s actions. Therefore, as to counts two and three, the State failed to prove the assault element that the victims were placed in fear of imminent violence. See § 784.011(1), Fla. Stat. (2001); State v. Von Deck, 607 So.2d 1388, 1389 (Fla.1992) (stating that an essential element of any assault is “an act creating a well founded fear in the victim that violence is imminent”). Accordingly, we reverse and remand for the trial court to discharge the adjudications in counts two and three.

Affirmed in part; reversed in part and remanded.

COVINGTON, J. and THREADGILL, EDWARD F., Senior Judge, Concur.

Free access — add to your briefcase to read the full text and ask questions with AI

FULMER, Judge.

The trial court adjudicated C.C. delinquent for three counts of aggravated assault with a firearm. C.C. argues that the evidence was insufficient to sustain the charges as to counts two and three. We agree with this argument and reverse as to counts two and three only. We affirm as to count one.

The charges arose from the allegation that C.C. had pointed a gun at three children. At the adjudicatory hearing, the State’s case rested upon the testimony of the seven-year-old victim involved in count one. The seven-year-old child’s testimony was insufficient to show that the three-year-old victims involved in counts two and three were cognizant of the gun and were placed in fear by C.C.’s actions. Therefore, as to counts two and three, the State failed to prove the assault element that the victims were placed in fear of imminent violence. See § 784.011(1), Fla. Stat. (2001); State v. Von Deck, 607 So.2d 1388, 1389 (Fla.1992) (stating that an essential element of any assault is “an act creating a well founded fear in the victim that violence is imminent”). Accordingly, we reverse and remand for the trial court to discharge the adjudications in counts two and three.

Affirmed in part; reversed in part and remanded.

COVINGTON, J. and THREADGILL, EDWARD F., Senior Judge, Concur.

Cite This Page — Counsel Stack

Bluebook (online)

811 So. 2d 774, 2002 Fla. App. LEXIS 2882, 2002 WL 360034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cc-v-state-fladistctapp-2002.

Opinion

Related

Cite This Page — Counsel Stack