Hall v. State

District Court of Appeal of Florida

Hall v. State

181 So. 3d 581, 2016 Fla. App. LEXIS 175, 2016 WL 67294

CourtDistrict Court of Appeal of Florida

DecidedJanuary 6, 2016

Docket2D14-2321

StatusPublished

This text of 181 So. 3d 581 (Hall 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

Hall v. State, 181 So. 3d 581, 2016 Fla. App. LEXIS 175, 2016 WL 67294 (Fla. Ct. App. 2016).

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Opinion

WALLACE, Judge.

Johnny Bernard Hall appeals his judgment and sentences for felony battery under section 784.03(2), Florida Statutes (2013), and violation of an injunction for protection against domestic violence under section 741.31(4)(a)(3), Florida Statutes (2013). We affirm in part and reverse in part.

In order to obtain a conviction for violation of the domestic violence injunction, the State was required to prove that Mr. Hall acted “willfully” in violating the injunction. § 741.31(4)(a)(3). In this context, “willfully” means “knowingly, intentionally and purposely.” Fla. Std. Jury Instr. (Crim.) 8.18; cf. Gaspard v. State, 848 So.2d 1161, 1162 (Fla. 1st DCA 2003) (holding that knowledge by an accused that an injunction is in effect is an essential element of the crime of aggravated stalking after the entry of a domestic violence injunction). It was undisputed at trial that the victim’s statements led Mr. Hall reasonably to conclude that the domestic violence injunction was no longer in effect. Accordingly, the trial court erred in failing to grant Mr. Hall’s motion for a judgment of acquittal on the charge of violation of the domestic violence injunction.

We affirm Mr. Hall’s judgment and sentence for felony battery without comment. We reverse the judgment and sentence for violation of the injunction against domestic violence and remand for Mr. Hall’s discharge on the latter offense.

Affirmed in part, reversed in part, and remanded.

ALTENBERND and SALARIO, JJ., Concur.

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WALLACE, Judge.

Johnny Bernard Hall appeals his judgment and sentences for felony battery under section 784.03(2), Florida Statutes (2013), and violation of an injunction for protection against domestic violence under section 741.31(4)(a)(3), Florida Statutes (2013). We affirm in part and reverse in part.

In order to obtain a conviction for violation of the domestic violence injunction, the State was required to prove that Mr. Hall acted “willfully” in violating the injunction. § 741.31(4)(a)(3). In this context, “willfully” means “knowingly, intentionally and purposely.” Fla. Std. Jury Instr. (Crim.) 8.18; cf. Gaspard v. State, 848 So.2d 1161, 1162 (Fla. 1st DCA 2003) (holding that knowledge by an accused that an injunction is in effect is an essential element of the crime of aggravated stalking after the entry of a domestic violence injunction). It was undisputed at trial that the victim’s statements led Mr. Hall reasonably to conclude that the domestic violence injunction was no longer in effect. Accordingly, the trial court erred in failing to grant Mr. Hall’s motion for a judgment of acquittal on the charge of violation of the domestic violence injunction.

We affirm Mr. Hall’s judgment and sentence for felony battery without comment. We reverse the judgment and sentence for violation of the injunction against domestic violence and remand for Mr. Hall’s discharge on the latter offense.

Affirmed in part, reversed in part, and remanded.

ALTENBERND and SALARIO, JJ., Concur.

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181 So. 3d 581, 2016 Fla. App. LEXIS 175, 2016 WL 67294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-state-fladistctapp-2016.

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