D.J. A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the State is not required to prove the authority of the person who excluded the defendant unless the defendant challenges that authority at trial.
[1] A trespass conviction under a statute requiring a principal's designee to direct a person not to enter school property does not require the State to prove the designee's…
[2] A defendant must challenge the authority of the person who restricted access to a public facility before the State is required to prove the identity and authority of that…
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Join FLexlaw to unlock all legal intelligenceD.J. was adjudicated delinquent for trespassing on school property after being directed not to enter by a security guard. D.J. argued the State failed…
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This is an appeal of an adjudication of delinquency in which D.J. was found to have trespassed on school property after being directed not to enter the property. See § 810.097(2), Fla. Stat. (2009). The evidence showed that the school security guard had directed D.J. not to enter the school property.
D.J. argues that the trial court should have entered a judgment of dismissal because the State failed to produce any evidence that the school security guard was designated by the principal as a person who could direct D.J. not to enter the school property. The statute provides, “Any person who enters or remains upon the campus or other facility of a school after the principal of such school, or his or her designee, has directed such person to leave such campus or facility or not to enter upon the campus or facility, commits a trespass upon the grounds of a school facility and is guilty of a misdemeanor of the first degree....” Id. At trial the State did not introduce any evidence that the security guard was a designee of the principal for these purposes.
We agree with the trial court in rejecting the defense argument. As the Florida Supreme Court explained in Downer v. State, 375 So.2d 840 (Fla.1979), which involved a similar statute:
We do not believe, however, that the identity and authority of those who have withheld permission to enter certain portions of a public facility are elements of the trespass statute. It is sufficient if the prosecutor establishes that the defendant was on notice that he was not authorized to enter the portion of the public building in which the alleged trespass occurred. Only if the defendant at trial challenges the authorization of one who has posted notice of or who has otherwise communicated this restriction, is the state required to prove the identity of the individual and his authority to restrict access to the portion of the public facility in question.
Id. at 845-46; R.C.W. v. State, 507 So.2d 700, 701-02 (Fla. 1st DCA 1987). The motion for judgment of dismissal was correctly denied.
Affirmed.
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D.J. v. State, 67 So. 3d 1029 (Fla. 2011)…QUINCE, J. We have for review the decision of the Third District Court of Appeal in D.J. v. State, 43 So. 3d 176 (Fla. 3d DCA 2010). In its opinion, the Third District affirmed a juvenile’s conviction for trespassing upon the grounds of a school facility in violation of section 810.097(2), Florida Statutes (2009). We granted review to resolve a conflict betwee…1 / 2
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J.R. v. State, 50 So. 3d 112 (Fla. 3d DCA 2010)…[*113] PER CURIAM. Affirmed. D.J. v. State, 43 So. 3d 176 (Fla. 3d DCA 2010).…
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B.C. v. State, 70 So. 3d 666 (Fla. 1st DCA 2011)…y reversing defendant’s conviction, we are recognizing that the State must prove the involvement of the principal or his/her designee to establish a violation of section 810.097(2). This conflicts with the Third District’s decision in D.J. v. State, 43 So. 3d 176 (Fla. 3d DCA 2010). In D.J., the evidence showed a school security guard had directed the defendant not to enter school property. Id. at 177. On appeal, the defendant argued the trial court should have dismissed the case because the State failed to…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Downer v. State, 375 So. 2d 840 (Fla. 1979)
- R.C.W. v. State, 507 So. 2d 700 (Fla. 1st DCA 1987)