WEP, JR. v. State

790 So. 2d 1166, 2001 WL 803023
CourtDistrict Court of Appeal of Florida
DecidedJuly 18, 2001
Docket4D00-3007
StatusPublished
Cited by23 cases

This text of 790 So. 2d 1166 (WEP, JR. 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
WEP, JR. v. State, 790 So. 2d 1166, 2001 WL 803023 (Fla. Ct. App. 2001).

Opinion

790 So.2d 1166 (2001)

W.E.P., Jr., a child, Appellant,
v.
STATE of Florida, Appellee.

No. 4D00-3007.

District Court of Appeal of Florida, Fourth District.

July 18, 2001.

*1167 Joseph Negron, Jr. of Crary, Buchanan, Bowdish, Bovie, Beres, Negron & Thomas, Chartered, Stuart, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Meredith L. Balo, Assistant Attorney General, Fort Lauderdale, for appellee.

WARNER, J.

A juvenile appeals his adjudication for felony battery, culpable negligence, and leaving the scene of an accident with personal injury on the grounds that the state did not prove the essential elements of the charges and failed to overcome appellant's self-defense claim. We agree and reverse.

This unfortunate incident began one evening as appellant, age 17, and his 14 year old brother were returning from dinner at their father's house. Appellant saw a Mustang he thought belonged to a friend. He flashed his lights at the Mustang, but *1168 when it pulled over, he realized it was not his friend and drove past. As he did so, his brother told him that someone in the Mustang threw a cup at him. Soon thereafter, the Mustang came up beside them on a bridge. One of the passengers was hanging out of the car making motions, and the car was swerving toward appellant's truck. Appellant did not stop. The driver of the Mustang testified that appellant slammed on his brakes in front of him, which appellant denied, but they both agreed that the Mustang pulled in front of appellant and slammed on its brakes. Appellant went around it and tried to get away. The Mustang followed him, and, when appellant stopped at a stop sign, two occupants of the Mustang got out of the car and approached his truck with something in their hands. In fear for himself and his brother, appellant sped off in an attempt to get away from the Mustang, but it still followed him. He wove through a residential section, speeding through several stop signs, in an attempt to lose the Mustang, but he was unsuccessful. Eventually, he entered what looked like a safe street, turned into a driveway to hide behind a hedge, and stopped.

It is at this point that the state's case at trial began. Sergeant Bart Knuff, the victim in this case, lived in the house where appellant pulled into the driveway. He was getting ready to go to work at about 8:30 p.m. when he heard a truck skid into his driveway and slam on the brakes. He came out of his house wearing only boxer shorts and shoes and without any identification. Before Knuff could reach appellant's truck, appellant saw the Mustang pulling in behind him, threw his truck into reverse, and backed quickly out of the driveway until the truck's rear wheels were in the swale on the other side of the street. Sergeant Knuff suspected that appellant was impaired and decided to stop him.[1]

Sergeant Knuff did not pay attention to the Mustang in the street and was not aware of anyone around him. However, two neighbors testified that the Mustang had stopped in the street and that its occupants were in the street yelling and breaking beer bottles. When Knuff reached the truck, he told appellant he was a police officer and ordered him to roll down the window. The driver of the Mustang testified that one of his passengers was close to Knuff and was also trying to get into the truck. Appellant testified that one of the people from the Mustang was right behind Knuff holding a beer bottle, cursing, and yelling things like, "[g]et out of the car," and "I'm going to cut you up. I'm going to F'ing kill you." The driver of the Mustang testified that he intended to have a violent confrontation with the occupants of the truck and that he was sure appellant and his brother felt threatened because he and his friends had been chasing them. He also testified that he thought Knuff was going to beat up appellant.

Because appellant did not obey Knuff's order to roll down his window, Knuff opened the door of the truck and told appellant to shut the truck off. Appellant was "very excited and not cooperative," and Knuff could hear him trying to get the truck in gear. Appellant told Knuff, "[t]hose guys are after me." Knuff testified that he said he was an officer, and he would take care of it. Appellant and his brother testified that Knuff responded to their plea that the people in the Mustang were after them by saying "I don't care. Get out of the car and lets settle this." Both appellant and his brother understood *1169 Knuff's words to be a threat, and appellant tried to get out of the situation.

Knuff testified that appellant cursed at him and told him to get out of his way. When Knuff reached for the ignition switch to turn the truck off, appellant grabbed his arm, pulled it away from the ignition, and got the truck in gear. Knuff was half in and half out of the truck when it started moving. He hit appellant in the mouth[2] at about the same time because he realized that he was "about to be drug." He remembered the truck starting forward, but very little else because he blacked out. Knuff was dragged by the truck for a short distance. That night, he told the investigating deputy that he had become tangled in the seat belt and that he fell from the vehicle when it stopped. He suffered abrasions, a concussion, and an injury to his eye.

At some point during these events, appellant's brother got out of the car and pleaded, "I'm only 14 ... Please don't hurt me." When appellant realized that his little brother was not in the truck, he turned around. His brother hopped in, and they sped away. According to the driver of the Mustang and neighbors, at least two beer bottles were thrown during these events. One of them hit appellant's little brother in the head, and one broke the window of the truck as it left the scene. Appellant testified that he was panicked and was still afraid for their safety. After he left the scene of the incident with Knuff, he continued to take evasive action until he got home. He tried to call his parents, but they did not answer. He then called his girlfriend who eventually put him in touch with the proper authorities. He told them that he had been assaulted by someone who had said he was a police officer and that this person had tried to hold onto the truck as he drove away. He was concerned that the person might have been hurt, but he still did not know who Knuff was.

The trial court found appellant guilty of leaving the scene of an accident, felony battery, and culpable negligence. The court adjudicated appellant delinquent and sentenced him to community control.

Appellant claims that the court should have granted his motion for judgment of dismissal[3] both because the essential elements of the crime were not proven and because the state did not present evidence inconsistent with his reasonable hypothesis of innocence. See C.N. v. State, 684 So.2d 298, 298-99 (Fla. 5th DCA 1996)(applying the rule of State v. Law, 559 So.2d 187 (Fla.1989), to delinquency cases). We agree that the state failed to prove the elements of felony battery in that it did not prove that appellant intentionally struck the victim. We further agree that the state also failed to offer evidence inconsistent with appellant's reasonable hypothesis of innocence, namely that he was acting in self-defense. In Dupree v. State, 705 So.2d 90 (Fla. 4th DCA 1998), we explained how the Law test is used to determine whether the state has met its burden of proof:

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Bluebook (online)
790 So. 2d 1166, 2001 WL 803023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wep-jr-v-state-fladistctapp-2001.