Calamia v. State

Russell Harris Calamia appeals his jury conviction for extortion. Calamia contends that the court erred in instructing the jury with a definition of legal malice for the term “maliciously” in the extortion statute. § 836.05, Fla. Stat. (2009). Calamia also contends that the court erred in instructing the jury that a communication to a third party is sufficient for a “communication” within the meaning of the statute. We find merit to Calamia’s contentions and reverse and remand for a new trial.

In 1988, Calamia pleaded guilty to second-degree murder and agreed to a twenty-year sentence followed…