Smith v. State, 754 So. 2d 889 (Fla. 5th DCA 2000). · Go Syfert
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Smith v. State, 754 So. 2d 889 (Fla. 5th DCA 2000). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Strongest positive: P.B. v. State (fladistctapp, 2012-08-08)
Top citers, strongest first. 1 distinct citer.
discussed Cited as authority (rule) P.B. v. State
Fla. Dist. Ct. App. · 2012 · confidence medium
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).
Jimmy Lewis SMITH
v.
STATE of Florida, v.
No. 5D99-1816.
District Court of Appeal of Florida, Fifth District.
Apr 14, 2000.
754 So. 2d 889
James B. Gibson, Public Defender, and John M. Selden, Assistant Public Defender, Daytona Beach, for Appellant., Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.
Cobb, Griffin, Peterson.
Cited by 2 opinions  |  Published
PER CURIAM.

Jimmy Lewis Smith argues that the statements he made to the deputy sheriff who arrested him were nothing but “drunken ramblings.” The statements resulted in his arrest and conviction for the offense of corruption by threat against a public servant.[1] The offense of corruption by threat involves a threat made with an intent to influence a public servant to do, or not do, some discretionary act. Bragg v. State, 475 So.2d 1255 (Fla. 5th DCA 1985).

Smith told the deputy during the arrest: “I know how to take care of your family. You have a wife and kids, don’t you? ... I know you do ... I know how to find out where you live too ... It’ll be on the witness list.” The jury found Smith guilty of the crime charged and we do not disturb its finding. In affirming, we note that Smith’s mental faculties were not so impaired by alcohol that he was incapable of drawing upon his memory and experience with the criminal justice system to remind the deputy that he could look up the deputy’s address on the witness list to make good on his threat to the deputy’s family.

The conviction and sentence are affirmed. -

AFFIRMED.

COBB, PETERSON and GRIFFIN, JJ., concur.
1

§ 838.021, Fla. Slat. (1999).