State v. Hopkins

The State appeals an order dismissing a juvenile case for battery on a detainee. 1 The State argues the court erred in dismissing the charges. We agree and reverse.

The State charged the defendant with battery by a detainee in violation of sections 784.03 and 784.082, Florida Statutes (2009). The defendant filed a motion to dismiss, relying on T.C. v. State, 852 So.2d 276, 276 (Fla. 1st DCA 2008), and argued that “[a]n alleged battery occurring at the hands of a juvenile detained in the juvenile detention facility cannot under the law be charged as battery by detainee.” When the trial court…