TIMOTHY ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
This is a direct appeal from convictions for aggravated battery on a law enforcement officer and violation of a domestic violence injunction. We affirm the convic tion for battery on a law enforcement officer, but reverse the conviction for violation of a domestic violence injunction on the ground that appellant’s motion for judgment of acquittal should have been granted. The State failed to establish that appellant knew the permanent injunction had been entered against him, either through proof that appellant had been served with the permanent injunction, or through proof that appellant had some other notice. See Suggs v. State, 795 So. 2d 1028, 1029 (Fla. 2d DCA 2001); Cordova v. State, 675 So. 2d 632, 636 (Fla. 3d DCA 1996).
ERVIN, DAVIS, and BENTON, JJ., concur.
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Citator
Cited By
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Mickey M. Canavan v. State, 38 So. 3d 885 (Fla. 2d DCA 2010)…van until he was arrested for the stalking charge at issue in this case. If the defendant is served with the permanent injunction, we agree that proof of service is sufficient to prove that he had knowledge of the injunction. See Robinson v. State, 840 So. 2d 1138, 1139 (Fla. 1st DCA 2003) (suggesting that one method of establishing defendant’s knowledge of the existence of a permanent injunction is proof of service of the permanent injunction). The statute, however, does not expressly make service of the inj…
Authorities Cited
- Widemond v. State, 675 So. 2d 632 (Fla. 1st DCA 1996)
- Cordova v. State, 675 So. 2d 632 (Fla. 3d DCA 1996)
- Nola Ann Suggs v. State, 795 So. 2d 1028 (Fla. 2d DCA 2001)