JG v. State, 915 So. 2d 274 (Fla. 4th DCA 2005). · Go Syfert
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JG v. State, 915 So. 2d 274 (Fla. 4th DCA 2005). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 1 distinct court.
Strongest positive: Guinan v. State (fladistctapp, 2011-07-13)
Top citers, strongest first. 10 distinct citers. How cited ↗
cited Cited as authority (rule) Guinan v. State
Fla. Dist. Ct. App. · 2011 · confidence medium
J.G. v. State, 915 So.2d 274, 276 (Fla. 4th DCA 2005).
cited Cited as authority (rule) ALJ v. State
Fla. Dist. Ct. App. · 2009 · confidence medium
J.G. v. State, 915 So.2d 274, 276 (Fla. 4th DCA 2005).
cited Cited as authority (rule) A.L.J. v. State
Fla. Dist. Ct. App. · 2009 · confidence medium
J.G. v. State, 915 So.2d 274, 276 (Fla. 4th DCA 2005).
cited Cited as authority (rule) RE v. State
Fla. Dist. Ct. App. · 2009 · confidence medium
J.G. v. State, 915 So.2d 274, 276 (Fla. 4th DCA 2005).
cited Cited as authority (rule) R.E. v. State
Fla. Dist. Ct. App. · 2009 · confidence medium
J.G. v. State, 915 So.2d 274, 276 (Fla. 4th DCA 2005).
cited Cited "see" SL v. State
Fla. Dist. Ct. App. · 2008 · signal: see · confidence high
See J.G. v. State, 915 So.2d 274, 275 (Fla. 4th DCA 2005) (citing J.P. v. State, 855 So.2d 1262, 1264 (Fla. 4th DCA 2003)).
cited Cited "see" S.L. v. State
Fla. Dist. Ct. App. · 2008 · signal: see · confidence high
See J.G. v. State, 915 So.2d 274, 275 (Fla. 4th DCA 2005) (citing J.P. v. State, 855 So.2d 1262, 1264 (Fla. 4th DCA 2003)).
cited Cited "see" J.A.E. v. State
Fla. Dist. Ct. App. · 2007 · signal: see · confidence high
See J.G. v. State, 915 So.2d 274, 276 , (Fla. 4th DCA 2005); Smith v. State, 754 So.2d 889 (Fla. 5th DCA 2000).
discussed Cited "see, e.g." J.B., A CHILD v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2020 · signal: see also · confidence low
See also J.G. v. State, 915 So. 2d 274 , 275- 76 (Fla. 4th DCA 2005) (affirming denial of juvenile’s motion for dismissal of corruption by threat charge under section 838.021, where the juvenile had argued the state failed to prove his threatening statements to kill a school employee were made with the intention of influencing a public servant’s performance; the juvenile made the statements in an angry and loud voice in a school suspension room where fifteen to twenty other students and a supervisor were present; and when confronted about the statement, the juvenile replied, “I meant wha…
discussed Cited "see, e.g." P.B. v. State
Fla. Dist. Ct. App. · 2012 · signal: see, e.g. · confidence low
See, e.g., J.G. v. State, 915 So.2d 274 (Fla. 4th DCA 2005) (threats made after juvenile was ordered to go to school suspension room or to obtain proof of shots); Smith v. State, 754 So.2d 889, 890 (Fla. 5th DCA 2000) (threats made “during the arrest”); In re P.J., 579 So.2d 299 (Fla. 4th DCA 1991) (threats made while juvenile was under arrest and handcuffed).
Retrieving the full opinion text from the archive…
J.G., a child, Appellant,
v.
STATE of Florida, Appellee.
4D04-4893.
District Court of Appeal of Florida, Fourth District.
Dec 7, 2005.
915 So. 2d 274
Stone.
Published

[*275] Carey Haughwout, Public Defender, and Frederick A. Mullins, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.

STONE, J.

J.G., a juvenile, was found guilty of corruption by threat. He contends that the trial court erred in denying his motion for judgment of dismissal on grounds that the state failed to prove that his threatening remarks were made with the intention of influencing a public official's performance. We affirm.

The evidence reflects that J.G. was called into the office of the school nurse, Ms. Randall, and told to either obtain proof he had his shots or to go to in-school suspension. He left in anger and reported to the school suspension room supervised by Ms. Merricks. At the time, there were fifteen to twenty other students present. When J.G. came in, he asked in an angry and loud voice, "Do you know that bald headed lady in the office?" One of the other children responded, "Who you talking about Ms. Randall," to which J.G. responded, "Yes."

J.G. then said, "She's trying me, she's gonna make me do a Grunow on her."[1] Merricks said that she looked up and asked J.G. if he knew what he was saying, and he angrily responded, "Yeah, I know what I'm saying, like the teacher in Palm Beach the boy that killed the teacher in Palm Beach." She testified that he looked like he was ready to do what he said, and she notified the dean. The dean came into the suspension room and talked to J.G. After the dean left, J.G. said "I meant what I said."

Merricks testified that she took what J.G. said as a threat towards Randall. She testified that when she told J.G. he was threatening a school board employee, he said he did not care. The trial court concluded that J.G. intended that Randall be informed of his threat.

At the end of trial, J.G. moved for a judgment of dismissal pursuant to Florida Rule of Juvenile Procedure 8.110(k), which was denied. We apply the same standard to a motion for dismissal under the rules of juvenile procedure as for a motion for judgment of acquittal. J.P. v. State, 855 So.2d 1262 (Fla. 4th DCA 2003). J.G. asserts that the state failed to[*276] prove a prima facie case as to the required specific intent that the threat be conveyed.

Florida Statutes Section 838.021, Corruption by Threat Against Public Servant, makes it a felony to harm or to threaten harm with the intent or purpose to influence a public servant[2] to do, or not do, an act within the discretion of the public servant, or in violation, or performance, of a public duty.

It is well-settled that specific intent is rarely shown by direct evidence and is properly left to the trier of fact to glean from the surrounding circumstances. E.g., King v. State, 545 So.2d 375, 378 (Fla. 4th DCA 1989); State v. West, 262 So.2d 457, 458 (Fla. 4th DCA 1972); State v. Jenkins, 522 So.2d 890, 890 (Fla. 2d DCA 1988); Brewer v. State, 413 So.2d 1217, 1219-20 (Fla. 5th DCA 1982).

There is evidence in the record supporting an inference that the statements were not intended as private communications, but that J.G. intended that Randall be informed of his statements. Taking the facts most favorably to the state, the court properly concluded that the state had proven a prima facie case, including the required element of specific intent. Therefore, we affirm.

GROSS and HAZOURI, JJ., concur.

1 Referring to Nathaniel Brazill, a thirteen-year-old boy who shot and killed his teacher, Barry Grunow. See Brazill v. State, 845 So.2d 282, 285 (Fla. 4th DCA 2003).
2 It is not disputed that the victim, here, is a public servant.