Syfert Injury Law Firm

Vinzett Lamar Watkins v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-07T00:00:00-07:00

Snippet: sensibly be a valid defense to the convicted crime. § 836.10(2), Fla. Stat. (2021). Furthermore, with no records

I. R. v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-31T00:00:00-07:00

Snippet: kill or do bodily injury, in violation of section 836.10, Florida Statutes (2022). 1 He argues the trial…erroneously determined that a violation of section 836.10 is a general, rather than specific, intent crime…proof and found I.R. guilty of violating section 836.10. It later withheld adjudication and sentenced …Thus, I.R.’s argument that violation of section 836.10 is a specific intent crime is not preserved for…State disagrees with I.R.’s argument that section 836.10 is a specific intent crime. While the State agrees

Joshua Terrel Brown v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-29T00:00:00-08:00

Snippet: communication is sent. Thus, we hold that, under section 836.10, the unit of allowable prosecution is determined

B.W.B., A Child v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-15T00:00:00-08:00

Snippet: ). We hold section 836.10 is not overbroad. This is because section 836.10 has a limited objective—to… kill or do bodily harm in violation of section 836.10, Florida Statutes (2021). He argues the trial court…reasonable persons. Defense counsel also argued section 836.10 was overbroad and criminalized free speech. …communication constitutes a threat under section 836.10 depends on whether the message was ‘sufficient …element, as well. The trial court then found section 836.10 constitutional in line with other cases. The trial

DAVID J. BLAISDELL v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-07-12T00:00:00-07:00

Snippet: the defendant’s conviction for violating section 836.10, Florida Statutes (2021). We also affirm the sentence

A.J.M., A MINOR vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-06-21T00:00:00-07:00

Snippet: count of written threats in violation of section 836.10, Florida Statutes (2021), a second-degree felony

N.H., A CHILD vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-27T00:00:00-07:00

Snippet: the meaning of section 836.10. The State responded by arguing that section 836.10 was applicable because…to kill in violation of section 836.10. N.H. argues that section 836.10 requires a showing of some affirmative…violation of section 836.10(2). The current operative version of section 836.10(2) provides: … facts, N.H. was arrested for violating section 836.10, Florida Statutes (2022), which is entitled: “…to focus on the word “post” as used in section 836.10(2)(a). Because Chapter 836 does not define “post

T.R.W., A CHILD v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-14T23:53:00-08:00

Snippet: Statute Section 836.10 In finding T.R.W. violated section 836.10, the trial court rejected…), section 836.10 does not define “threat.” In Puy, we considered whether section 836.10 was vague …Section 836.10 was amended in 2021, making primarily format changes to the statute. Section 836.10(2) currently…T.R.W. delinquent based upon a violation of section 836.10, Florida Statutes (2020), for communicating a written…determined that by committing the violation of section 836.10, T.R.W. had violated the orders of probation in

Kojo Khayrallah v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-14T00:53:00-07:00

Snippet: person to whom such [] communication is sent.” § 836.10, Fla. Stat. (2017). Khayrallah’s principal argument…His offense of conviction is defined in section 836.10, Florida Statutes (2017), which in its entirety

O.H., A CHILD v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-14T00:53:00-07:00

Snippet: kill or do bodily harm in violation of section 836.10(1), Florida Statutes (2019). Appellant raises three…appeal. His primary arguments are that (1) section 836.10(1) is unconstitutionally overbroad and vague as

VENTURA GOMEZ v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2021-01-19T23:53:00-08:00

Snippet: meaning to preserve the constitutionality of section 836.10, Florida Statutes. …communication constitutes a threat under section 836.10 depends on whether the message was ‘sufficient

N.D., A JUVENILE v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2020-11-03T23:53:00-08:00

Snippet: appeal the denial of a motion to declare section 836.10(1), Florida Statutes (2018), unconstitutional. …making a written threat in violation of section 836.10(1), Florida Statutes. N.D. filed a motion to declare… Discussion Section 836.10(1), Florida Statutes, effective July 1, 2018, provides…1022, 1026 (Fla. 5th DCA 2003) (holding section 836.10 is not constitutionally infirm for overbreadth…that because of the limited objectives of section 836.10 and because threats to injure persons are not constitutionally

DAVID PUY v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-04-15T00:53:00-07:00

Snippet: the plain language of section 836.10.” Id. After J.A.W., section 836.10 was amended. Now the plain language…investigate. Appellant was charged with violating section 836.10, Florida Statutes (2018), which states the following…Fla. 2d DCA 2016). Prior to March 2018, section 836.10 stated: Any person who writes or composes…language of section 836.10 does not require that the individual send the threat “directly” to any particular…threat to conduct a mass shooting at school. Section 836.10 does not define “threat.” However, in In Interest

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-11.

Court: Fla. | Date Filed: 2018-12-20T00:00:00-08:00

Citation: 260 So. 3d 1024

Snippet: to amendments made by the Legislature to section 836.10, Florida Statutes (2018). See Ch. 2018…that explain there are two ways to violate section 836.10. The first three elements in the existing standard…SHOOTING] [CONDUCT AN ACT OF TERRORISM] § 836.10, Fla. Stat. To prove the crime of Written…doubt: * There are two ways to violate § 836.10, Fla. Stat. Give as applicable. 1. (Defendant…something. *The second way to violate § 836.10, Fla. Stat. is set forth below. 1. (Defendant

Aglio v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-27T00:53:00-07:00

Snippet: . 1 Aglio is charged with violating section 836.10, Florida Statutes (2018), which provides:

Anthony Doyle v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-18T23:53:00-08:00

Snippet: family. See id. § 836.10. A conviction for written threats under section 836.10 does not have any … family. See id. § 836.10. A conviction for written threats under section 836.10 does not have any …threats to kill or do bodily injury under section 836.10, Florida Statutes (2015), arguing that the dual…. § 836.05, Fla. Stat. (2015). Section 836.10, “Written threats to kill or do bodily injury; … 775.082, s. 775.083, or s. 775.084. § 836.10, Fla. Stat. (2015). Doyle argues that the

J.A.W. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-28T00:53:00-07:00

Snippet: threats to kill or do bodily injury under section 836.10, Florida Statutes (2014). He was found to have … prohibited under the plain language of section 836.10, we are constrained to reverse. …threats to kill or do bodily injury under section 836.10, which provides as follows: Any …). The plain language of section 836.10 makes clear that it only applies where a threat… such letter or communication is sent." § 836.10 (emphasis added). The only intermediary third parties

J.A.W. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-28T00:00:00-07:00

Citation: 210 So. 3d 142, 2016 Fla. App. LEXIS 14467

Snippet: threats to kill or do bodily injury under section 836.10, Florida Statutes (2014). He was found to have … prohibited under the plain language of section 836.10, we are constrained to reverse. The record shows…threats to Idll or do bodily injury under section 836.10, which provides as follows: Any person who writes…61, 64 (Fla.2005). The plain language of section 836.10 makes clear that it only applies where a threat…to whom such letter or communication is sent.” § 836.10 (emphasis added). The only intermediary third parties

Kingland Estates, Ltd. v. Davis

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-10T00:00:00-07:00

Citation: 170 So. 3d 825, 2015 Fla. App. LEXIS 8785, 2015 WL 3609072

Snippet: daughter’s blog in violation of sections 836.05, 836.10, 895.02 of the Florida Statutes; b. making

Cannon v. Thomas

Court: Fla. Dist. Ct. App. | Date Filed: 2014-03-12T00:00:00-07:00

Citation: 133 So. 3d 634, 2014 WL 949856, 2014 Fla. App. LEXIS 3609

Snippet: have qualified as a second offense under section 836.10, Florida Statutes (2012). That statute provides…threats to kill or do bodily harm in violation of § 836.10, Fla. Stat.). In O’Leary, the appellant was convicted