Legal Opinion
O. C. v. State
District Court of Appeal of Florida
Decided November 6, 1998No. 97-3075PublishedCited by 6 opinions
1Opinion of the Court
COBB, Judge.
O.C., a juvenile, appeals from a delinquency determination and disposition.
O.C. was charged by amended delinquency petition with attempted aggravated battery to cause great bodily harm and misdemeanor battery occurring on January 29, 1997. On September 11, 1997, the state filed a motion to have O.C. declared a gang member for disposition enhancement purposes pursuant to section 874.04, Florida Statutes. O.C. moved to dismiss the enhancement request asserting that section 874.04 is unconstitutional because it omits an intent requirement, violates free speech and freedom of…
2Cases cited7 opinions
- Roberts v. United States JayceesSupreme Court of the United States · 1984
- Lanzetta v. New JerseySupreme Court of the United States · 1939
- Madsen v. Women's Health Center, Inc.Supreme Court of the United States · 1994
- People v. GardeleyCalifornia Supreme Court · 1996
- People Ex Rel. Gallo v. AcunaCalifornia Supreme Court · 1997
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3Cited by6 opinions
- State v. O.C.Supreme Court of Florida · 1999
- State v. OCSupreme Court of Florida · 1999
- Cooper v. StateDistrict Court of Appeal of Florida · 1999
- R.D.P. v. StateDistrict Court of Appeal of Florida · 1999
- Rolon v. StateDistrict Court of Appeal of Florida · 1999
1 more not listed; retrieve them via the Exa API.