The 2024 Florida Statutes
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. . . He argues that his prior conviction under Texas Penal Code § 22.01(a)(1) and (b)(2) does not qualify . . . Gracia-Cantu held that a prior conviction for Assault-Family Violence under Texas Penal Code § 22.01( . . .
. . . Code § 22.01. Texas liquor stores must hold a P permit. . . .
. . . PENAL CODE ANN. § 22.01. . . . The threat and the imminence of injury mirror the language of Section 22.01(a)(2), a fact to which we . . . PENAL CODE ANN. § 22.01. . . . Certainly, then, Section 22.01(a) is divisible into three separate, enumerated offenses. . . . We next decide if the elements of a Section 22.01(a)(2) offense match the requirements of Section 16( . . .
. . . CODE § 22.01(a)(1), (b)(1) (providing the elements of Texas assault of a public servant). . . .
. . . . § 22.01 (West 2017). . . .
. . . Gracia-Cantu appeals the district court's determination that a conviction under Texas Penal Code §§ 22.01 . . . Reyes-Contreras , 910 F.3d 169 (5th Cir. 2018) (en banc), we hold that a conviction under Texas Penal Code §§ 22.01 . . . Penal Code § 22.01(a)(1). . . . Third, the statute requires that the injury be caused to "another," id. § 22.01(a)(2) -specifically, . . . against a family member, as defined by certain provisions of the Texas Family Code, id. § 22.01(b)(2) . . .
. . . Penal Code § 22.01(b)(2)(A). . . .
. . . . § 22.01(a)(2) (2017) (Texas assault statute prohibiting conduct that "intentionally or knowingly threatens . . .
. . . Section 21.01 reads: "Any violation or alleged violation of Section 22.01 or 22.03 shall not be subject . . .
. . . Villegas-Hernandez , 468 F.3d 874, 878-83 (5th Cir. 2006), we held that a conviction under TEXAS PENAL CODE § 22.01 . . .
. . . Code § 22.01(a)(3). . . . Plaintiff has alleged sufficient facts to sustain a cause of action arising under Texas Penal Code Section 22.01 . . .
. . . . §§ 22.01 -.02; Utah Code Ann. § 76-5-103(1)(a)(iii) ; State v. . . .
. . . Ex. 3 § 22.01) Praxis subcontracted Alliance-Bunker, a local physical supplier, to deliver the bunkers . . .
. . . . § 22.01(a) ; Forbes v. Lanzl, 9 S.W.3d 895, 899 (Tex. App. . . .
. . . These instructions were based on Texas Penal Code §§ 22.01(a)(2) and 22.02(a)(2). . . . defined in the state court's charge to the jury and the corresponding provisions of Texas Penal Code §§ 22.01 . . . Penal Code § 22.01(a)"sets out three separate and distinct assaultive crimes," noting that (a)(1) " ' . . . Penal Code § 22.01(a)(2) (2008) [8-18-2008, date of offense] ("A person commits an offense if the person . . . defining "aggravated assault") ("A person commits an offense if the person commits assault as defined in § 22.01 . . .
. . . . § 22.01 ). . . . Penal Code Ann. § 22.01(a)(1), (3). . . . Code Ann. § 22.01(a)(1), (3). . . . Code Ann. § 22.01(a)(3). . . .
. . . That day, December 15, Longfin's stock closed at $22.01/share, more than four times the previous day's . . .
. . . . § 22.01 (West 2017). . . .
. . . Code § 22.01. This is the permit held by liquor stores (also known as "package stores"). 11. . . .
. . . Penal Code;§§ 22.01, 22.02; De Leon v. State, 865 S.W.2d 139, 142 (Tex. App. 1993). . . .
. . . Penal Code § 22.01(a)(1), § 22.01(b)(1). . . .
. . . Texas Penal Code § 22.02(a) defines aggravated assault as an assault as described in Texas Penal Code § 22.01 . . . Section 22.01 states that a person commits an assault by, “(1) intentionally, knowingly, or recklessly . . . Penal Code § 22.01. . . .
. . . .. term-to the exclusion of all others”; it charges Perlaza-Ortiz unmistakably-with a violation .of 22.01 . . .
. . . Penal Code § 22.01 (A person commits an assault if he “intentionally or knowingly causes physical contact . . .
. . . . § 22.01(a)(1). . . .
. . . eligible for cancellation of removal because his prior assault conviction under Texas Penal Code § 22.01 . . . Because § 22.01(a)(1) proscribes some forms of assault that are not morally turpitudinous, the denial . . . F.3d 323, 328 n.5 (5th Cir. 2016), we recently held that to the extent Esparza-Rodriguez treated § 22.01 . . .
. . . his prior felony aggravated assault conviction in 2005 in violation of Texas Penal Code §§ 22.02 and 22.01 . . . And, Texas Penal Code § 22.01 defines simple assault such that: (a) A person commits an offense if the . . . In contrast, § 22.01(a) lists “three separate and distinct assaultive crimes.” . . . Thus, as'the parties agree, under Mathis, 136 S.Ct. at 2256, § 22.01(a) is divisible, but § 22.02(a) . . . Thus, there is no dispute that Calvillo-Palacios committed a simple assault in violation of § 22.01(a . . .
. . . the offense suggests that his conviction might have been for simple assault under Texas Penal Code § 22.01 . . . the amended judgment reflects the possibility that his offense was reduced to simple assault under § 22.01 . . .
. . . per rentable square foot, based on rental rate averages from the three databases of $21, $20.88, and $22.01 . . .
. . . . § 22.01(a)(1) (Vernon 2003). . . .
. . . that the district court erred in classifying his prior assault conviction under Texas Penal Code § 22.01 . . . Howell held that the offense of assault under Texas Penal Code § 22.01(a)(1) and (b)(2)(B) is a crime . . .
. . . Pro. art. 22.01-02 (permitting forfeiture with a right to collect the financial security only in cases . . . Pro. art. 22.01-02; 22.13(5); Hearing Tr. 4-1:58-59. . . .
. . . . §§ 22.01, 22.02 (2000)). . . .
. . . . § 22.01(a) (West 2011); Id. at § 22.02(a) ("A person commits an offense if the person commits assault . . . as defined in § 22.01 and the person ... (2) uses or exhibits a deadly weapon during the commission . . .
. . . [Case No. 22.01-068021J]. . . .
. . . . § 22.01(a)(1) does not qualify as a crime involving moral turpitude and that an alien’s prior conviction . . .
. . . P.2d 201 (Edmonds, J., dissenting) (quoting Eugene McQuillan, 6 The Law of Municipal Corporations § 22.01 . . .
. . . which provides: (a) A person commits an offense if the person commits assault as defined in Section 22.01 . . .
. . . Penal Code § 22.01 (2003). . . . provided as follows: (a) A person commits an offense if the person commits assault as defined in § 22.01 . . . More specifically, he maintains that (1) the various mens rea set forth in section 22.01(a) are not divisible . . .
. . . that he could not adjust his status because his prior assault convictions under Texas Penal Code § 22.01 . . . Because § 22.01(a)(1) proscribes some forms of assault that are not morally turpitudinous, the denial . . . F.3d 323, 328 n.5 (5th Cir. 2016), we recently held that to the extent Esparza-Rodriguez treated § 22.01 . . .
. . . determination that his 2014 conviction for assault/family violence in violation of Texas Penal Code § 22.01 . . .
. . . points out that under current case law, a misdemean- or assault conviction under Texas Penal Code § 22.01 . . . time of Hernandez-Ramirez’s deportation in July 2003, our precedent indicated that a violation of § 22.01 . . . for a misdemeanor crime of violence, namely his Texas misdemeanor crime of domestic violence under § 22.01 . . . The defendant contended that his prior conviction was not a crime of domestic violence because § 22.01 . . .
. . . arguendo that Howell correctly urges the court to take the categorical approach, Texas Penal Code § 22.01 . . . Penal Code Ann. § 22.01(a)(1), (b)(2)(B) (West 2013), that person “[uses] physical force against the . . . At sentencing, the district court concluded that Howell’s prior conviction under Texas Penal Code § 22.01 . . . In Espinoza,. this court held that a violation of Texas Penal Code § 22.01(a) and (b)(2)(A), -with a . . . The Texas Court of Criminal Appeals has held that the three mental states listed in section 22.01(a) . . . Penal Code Ann. § 22.01(a)(1), (b)(2)(B) (West 2009). . U.S. . . . Penal Code § 22.01(a)(1), (b)(2)(B) (West 2009). . See Marshall v. . . .
. . . Garcia’s statute of conviction, Texas Penal Code § 22.01(a)(1), was a divisible statute and thus subject . . . Court authority has cast doubt on whether the alternative mental states contained in Texas Penal Code § 22.01 . . . L.Ed.2d 604 (2016), the Court noted the possibility that the alternative mental states identified in § 22.01 . . . , 327-28 (5th Cir. 2016), applying Mathis, concluded that the differing culpable mental states in § 22.01 . . . If § 22.01(a)(1) is not divisible, and categorically permits a conviction based only on “recklessly” . . .
. . . Code §§ 22.01-22.17. . . . Code § 22.01. Texas severely restricts ownership of package store permits. . . .
. . . Penal Code § 22.01(a)(1). . . . Penal Code § 22.01(b)(2). . . . Penal Code § 22.01(a)(1) & (b)(2). This describes a crime of domestic violence. . . . Penal Code § 22.01(b)(2) is in that category of crimes that “while capable of being committed without . . .
. . . In 1999, Gomez was charged with misdemeanor assault under section 22.01(a)(1) of the Texas Penal Code . . . Penal Code § 22.01(a)(1). . . . Gomez’s application for cancellation of removal because he found that his conviction under section 22.01 . . . But both the immigration judge and Board of Immigration Appeals con-eluded that section 22.01(a)(1) is . . . definitively answered the “means or elements” question: the three culpable mental states in section 22.01 . . .
. . . into common use beginning in the 1950's, relying on the same basic scientific principles. 3 Erwin § 22.01 . . .
. . . . § 22.01(a)(1) (West Cum. . . .
. . . Penal Code § 22.01(a)(1), and that simple assault offense was elevated to aggravated assault because, . . . Penal Code §§ 22.01, 22.02. . . . .” § 22.01(a)(1). . . . A violation of § 22.01(a)(1) generally qualifies as a Class A misdemeanor. § 22.01(b). . . . App. 2008), but neither is relevant to the present appeal, § 22.01(a)(2) — (3). . . . .
. . . The parties agree that the statute of conviction was Texas Penal Code § 22.01(a). . . . (a)(1) rather than the other subsections of § 22.01(a), which are Class C misdemeanors. . . . Holder, 699 F.3d 821, 825-26 (5th Cir. 2012), a case analyzing an alien’s conviction under § 22.01(a) . . . The IJ and the BIA determined that § 22.01 was a divisible statute, that Mr. . . . Thus, a conviction under § 22.01(a)(1) for “recklessly causing] bodily injury to another,” which would . . .
. . . Although the two torts are “related but conceptually distinct,” the Texas Penal Code § 22.01(a) joins . . .
. . . R. 22.01. . . .
. . . Penal Code § 22.01, would trigger an enhanced sentence upon conviction of his latest offense, Illegal . . .
. . . Penal Code § 22.01(a). . . .
. . . . §§ 22.01, 22.02; Vt. Stat. Ann. tit. 13, § 1024; Wyo. Stat. . . . Penal Code Ann. §§ 22.01, 22.02; Va.Code Ann. § 18.2-51.2; Wash. Rev.Code § 9A.36.011; W. . . .
. . . . § 22.01(b)(2)(B) (West 2013). . . . Id. at § 22.01(b)(2)(B). . . . .
. . . Penal Code §§ 22.01(a)(1), 12.21). . . .
. . . Code § 22.02, which is a crime of violence, or whether it was simple assault under Texas Penal Code § 22.01 . . .
. . . Penal Code § 22.01 (discussed in Espinoza, 733 F.3d at 571); Mo.Rev.Stat. § 565.070 (discussed in Johnson . . .
. . . Penal Code § 22.01(a)(1) (1999). . . .
. . . his judicial confession and indictment narrow his relevant offense of conviction to a violation of § 22.01 . . . whether his offense of “intentionally or knowingly threatening] another with imminent bodily injury,” § 22.01 . . . Section 22.01(a) provided that "[a] person commits an offense if the person: (1) intentionally, knowingly . . .
. . . Pen.Code § 22.01(a). . . .
. . . . § 22.01. . . .
. . . . §§ 12.23, 22.01(a)(3), (c). . . .
. . . Martinez was convicted of violating Texas Penal Code § 22.01(a)(1), which prohibits “intentionally, knowingly . . .
. . . section 22.02(a) provided that a person commits aggravated assault if he commits assault under section 22.01 . . . Cortez-Rocha, 552 Fed.Appx. at 326 (holding that “assault under section 22.01 and a section 22.02 aggravating . . .
. . . Section 22.01(2) of the conservation code prohibits taking game fish by gill net other than for personal . . . Conservation Code of the Leech Lake Band of Chippewa Indians, §§ 22.01(2), 23.01. . . . Violations of sections 22.01 and 23.01 are punishable in tribal court by a fine of up to five hundred . . .
. . . Section 22.01(2) of the conservation code prohibits taking game fish by gill net other than for personal . . . Conservation Code of the Leech Lake Band of Chippewa Indians, §§ 22.01(2), 23.01. . . . Violations of sections 22.01 and 23.01 are punishable in tribal court by a fine of up to five hundred . . .
. . . The state court documents provide that this assault conviction arose under Section 22.01 of the Texas . . . Penal Code Ann. § 22.01(a), (b)(2). . . . Penal Code Ann. § 22.01(a)(l)-(3). . . . . § 22.01(b)(2)(A). . . . § 22.01(b)(2) does not constitute a crime of violence). . . . .
. . . . § 22.01(a)(1). . . .
. . . Frickey et al., Cohen’s Handbook of Federal Indian Law § 22.01[1] (2012 ed.). . . .
. . . Frickey et al, Cohen's Handbook of Federal Indian Law § 22.01[1] (2012 ed.). . . .
. . . One of these convictions involved simple assault under Texas Penal Code § 22.01. . . . Penal Code § 22.01(a)(1). The resulting question is which mental state was required in Mr. . . . Ramirez, 606 F.3d 396, 397-98 (7th Cir.2010) (holding that Texas Penal Code § 22.01(a)(1) is “divisible . . . Penal Code § 22.01(a). This mental state does not affect any of the issues in Mr. . . . Thus, we held that the actual charge under § 22.01(a)(1) did not qualify as a crime of violence under . . .
. . . immigration judge (IJ) determined that his prior conviction for assault pursuant to Texas Penal Code § 22.01 . . . Insofar as Cantu argues that he does not have a COV conviction because one may commit a § 22.01 offense . . . Fierro-Reyna, 466 F.3d 324 (5th Cir.2006) should be used to address the issue whether his § 22.01 conviction . . . materially distinguishable from the instant case insofar as it did not address the question whether a § 22.01 . . .
. . . . § 22.01(a)(1). It did not require the use of physical force to achieve the injury. See id. . . . recognized the connection between injury and the use of force, explaining that “[a] conviction under § 22.01 . . .
. . . Ladner, Conveyancing in Pennsylvania, supra, § 22.01. . 13 Pa.C.S. § 3104 defines negotiable instruments . . .
. . . See generally Goods in Transit §§ 2.01, 2.02, 6.00, & 22.01-22.04. . . . Inc., 210 F.Supp.2d 949, 953-54 (N.D.Ill.2001); see generally Goods in Transit §§ 2.01, 2.02, 6.00, & 22.01 . . .
. . . Malm was convicted of violating Texas Penal Code § 22.01(a)(1), which prohibits “intentionally, knowingly . . .
. . . Pen.Code § 22.01(a), is not a crime of violence that has as an element the use, attempted use, or threatened . . .
. . . . § 22.01 (Westlaw 1996); Utah Code Ann. § 76-5-102 (Lexis 1995); W. . . .
. . . . § 22.01 (Westlaw 1996); Utah Code Ann. § 76-5-102 (Lexis 1995) ; W. . . .
. . . The only question before us is whether Revolorio’s two convictions of assault, Texas Penal Code § 22.01 . . .
. . . . § 22.01(a)(1). " 'A person also commits assault if he ‘intentionally or knowingly causes physical contact . . . regard the contact as offensive or provocative.’ ’ ” Id., citing id., citing Texas Penal Code Ann. § 22.01 . . .
. . . Section 22.02(a) provided that a person commits aggravated assault if he commits an assault under Section 22.01 . . . A conviction under the Texas statute for simple assault, Section 22.01, is not a crime of violence under . . . Conviction under Section 22.02 requires the commission of an assault in violation of Section 22.01 and . . . In either case, an assault under Section 22.01 and a Section 22.02 aggravating factor could be committed . . .
. . . arguing that his prior conviction for assault on a public servant in violation of Texas Penal Code § 22.01 . . . He first maintains that § 22.01 does not have as a necessary element the use, attempted use, or threatened . . . A conviction for assault on a public servant pursuant to Texas Penal Code § 22.01(b)(1) constitutes a . . . Moreover, we recently held that a conviction for felony assault pursuant to Texas Penal Code § 22.01 . . . of the victim, and consider the various sentences available under a disjunctive statute, such as § 22.01 . . .
. . . transported and sold in violation of and in a manner unlawful under Tribal Law, specifically, Sections 22.01 . . . Leech Lake Conservation Code § 22.01(2). Walleye are among the fish classified as “game fish.” . . . transported and sold in violation of and in a manner unlawful under Tribal Law, specifically, Sections 22.01 . . .
. . . provides that all disputes (with the exception of trademark issues) must be decided by arbitration, but ¶ 22.01 . . .
. . . The question before this court is whether a violation of Texas Penal Code § 22.01 constitutes a violent . . . Penal Code § 22.01(a) which criminalizes, inter alia, recklessly causing bodily injury to another. . . . Penal Code § 22.01(a)(1)). . . . Penal Code § 22.01(b)(2)(a). . . . In several cases decided pre-Sykes, we held that a violation of § 22.01 is a violent felony even when . . .
. . . The meaning of Section 22.01(a) in the context of the Illinois Mechanics Lien Act. . . . The context of Section 22.01(a) fully supports its clear meaning that a lien on funds paid to a contractor . . .
. . . . § 22.01(a)(1). . . . Id. § 22.01(b)(1). . . .
. . . Penal Code §§ 22.01(a)(1), 12.21. . . .
. . . . § 22.01(b)(1) (West 2011). . Id. § 25.03. .See United States v. . . .
. . . Penal Code § 22.01: (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly . . . Penal Code § 22.01. . . .
. . . Penal Code § 22.01; see Villafranca v. . . .
. . . Penal Code § 22.01 l(b)(l 1). . . . .
. . . However, Smith successfully moved for a COA limited to a challenge to the constitutionality of section 22.01 . . . -06-318-CR, 2008 WL 2168007 (Tex.App.2008), the only Texas court of appeals case addressing section 22.01 . . . Penal Code § 22.01 l(b)(10) (requiring "exploitation]”), divorced from Hombuckle's context, see Hombuckle . . . Hoffman for the TCCA to have concluded that Smith engaged in conduct clearly proscribed by section 22.01 . . . The justices noted, however, that the statute — unlike section 22.01 l(b)(10) — required no proof of . . .
. . . He claims that his prior offense, under Texas Penal Code § 22.01, assault of a family-member, is not . . . He argues that his assault offense did not involve moral turpitude because § 22.01(a) requires only bodily . . . Since § 22.01 has multiple subsections and is phrased in the disjunctive, such that some violations of . . . Penal Code Ann. § 22.01(a)(1) (West 2011). . . . The record of conviction reveals that Chancoy-Tonoc was convicted under § 22.01(a)(1). . . .
. . . . § 22.01 (Vernon 2005). Texas law also provides a “civil privilege defense.” . . .
. . . . § 22.01(a)(2) and (b)(1), which is a third degree felony and a lesser included offense of aggravated . . . offense of assault of a public servant,” his convictions were for “attempted threat” pursuant to § 22.01 . . .