Legal Opinion

Bryant v. State

District Court of Appeal of Florida

Decided January 7, 2015No. 2D13-4302Published

1Opinion of the Court

MORRIS, Judge.

Devin Lavonne Bryant appeals his judgment and sentence for aggravated assault with a deadly weapon as against victim Leugim Freytes-Calderon. 1 We conclude that the circuit court properly denied Bryant’s motion for judgment of acquittal, and we therefore affirm.

Bryant argues that because Freytes-Calderon did not testify at trial, the State failed to prove two elements of the crime: that he [Bryant] threatened to do violence toward Freytes-Calderon and that Freytes-Calderon was in fear of imminent harm. See § 784.011(1), Fla. Stat. (2011). Bryant primarily relies on State v. Von…

2Cases cited10 opinions

  1. State v. DyeSupreme Court of Florida · 1977
  2. State v. Von DeckSupreme Court of Florida · 1992
  3. Viveros v. StateDistrict Court of Appeal of Florida · 1997
  4. Gilbert v. StateDistrict Court of Appeal of Florida · 1977
  5. Johnson v. StateDistrict Court of Appeal of Florida · 2004

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