Legal Opinion

O'Leary v. State

District Court of Appeal of Florida

Decided March 18, 2013No. 1D12-0975PublishedCited by 12 opinions

1Opinion of the CourtVan Nortwick, J.

We have for review the trial court’s denial of Timothy Ryan O’Leary’s motion to dismiss the two counts of sending written threats to kill or do bodily harm in violation of section 836.10, Florida Statutes (2011). Appellant argues that, because the threats at issue were simply posted on his personal Facebook1 page, the threats were *875not “sent” to the alleged victims as required by the statute. Thus, he asserts, he did not violate the statute. Because we hold that, under the circumstances of this case, appellant violated section 836.10 by posting the threats on his Facebook page, we affirm.

Appell…

2Cases cited5 opinions

  1. Holcomb v. CommonwealthCourt of Appeals of Virginia · 2011
  2. State v. WiseDistrict Court of Appeal of Florida · 1995
  3. Suggs v. StateDistrict Court of Appeal of Florida · 2011
  4. BONGE v. StateDistrict Court of Appeal of Florida · 2011
  5. Gresham v. StateDistrict Court of Appeal of Florida · 2005

3Cited by12 opinions

  1. State v. BuhlSupreme Court of Connecticut · 2016
  2. State v. CraigSupreme Court of New Hampshire · 2015
  3. Gennette v. StateDistrict Court of Appeal of Florida · 2013
  4. Cannon v. ThomasDistrict Court of Appeal of Florida · 2014
  5. J.A.W. v. StateDistrict Court of Appeal of Florida · 2016

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