State v. Brown

District Court of Appeal of Florida

State v. Brown

466 So. 2d 1223, 10 Fla. L. Weekly 961, 1985 Fla. App. LEXIS 13419

CourtDistrict Court of Appeal of Florida

DecidedApril 10, 1985

DocketNo. 84-1519

StatusPublished

Cited by1 cases

This text of 466 So. 2d 1223 (State v. Brown) 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

State v. Brown, 466 So. 2d 1223, 10 Fla. L. Weekly 961, 1985 Fla. App. LEXIS 13419 (Fla. Ct. App. 1985).

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Opinion

FRANK, Judge.

The appellee, Brown, was charged with the offense of false imprisonment in violation of section 787.02, Florida Statutes. The trial court dismissed the information for its failure to allege that the appellee’s unlawful restraint of the victim was committed with a specific intent. The state has appealed. We recently held in State v. Graham, 468 So.2d 270 (Fla. 2d DCA 1985), that false imprisonment is a crime requiring only general intent and that there is no necessity to assert a specific purpose or intent in an information charging a violation of section 787.02.

Accordingly, we reverse and remand for proceedings consistent with this opinion.

RYDER, C.J., and CAMPBELL, J., concur.

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FRANK, Judge.

The appellee, Brown, was charged with the offense of false imprisonment in violation of section 787.02, Florida Statutes. The trial court dismissed the information for its failure to allege that the appellee’s unlawful restraint of the victim was committed with a specific intent. The state has appealed. We recently held in State v. Graham, 468 So.2d 270 (Fla. 2d DCA 1985), that false imprisonment is a crime requiring only general intent and that there is no necessity to assert a specific purpose or intent in an information charging a violation of section 787.02.

Accordingly, we reverse and remand for proceedings consistent with this opinion.

RYDER, C.J., and CAMPBELL, J., concur.

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Bluebook (online)

466 So. 2d 1223, 10 Fla. L. Weekly 961, 1985 Fla. App. LEXIS 13419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brown-fladistctapp-1985.

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