Legal Opinion

P.R. v. State

District Court of Appeal of Florida

Decided April 4, 2001No. 2D00-322Published

1Per curiam

The trial court adjudicated P.R. delinquent for aggravated battery with a deadly weapon and aggravated assault and committed him to a level six program. P.R. appeals only his adjudication of delinquency for aggravated assault. We reverse the adjudication of delinquency for aggravated assault.

P.R.' argues, and the State concedes, that the State did not prove the element of a well-founded fear of imminent violence necessary for an aggravated assault conviction. See § 784.011(1), Fla.Stat. (1999); State v. Von Deck, 607 So.2d 1388, 1389 (Fla.1992); O.D. v. State, 614 So.2d 23, 24 (Fla. 2d DCA…

2Cases cited2 opinions

  1. State v. Von DeckSupreme Court of Florida · 1992
  2. O.D. v. StateDistrict Court of Appeal of Florida · 1993

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