Legal Opinion

State v. O.C.

Supreme Court of Florida

Decided September 16, 1999No. 94,513PublishedCited by 18 opinions

1Opinion of the CourtPariente, J.

We have on appeal the Fifth District’s decision in O.C. v. State, 722 So.2d 839 (Fla. 5th DCA 1998), declaring section 874.04, Florida Statutes (Supp.1996), unconstitutional. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const.

O.C., a juvenile, was charged by an amended delinquency petition with attempted aggravated battery to cause great bodily harm, a third-degree felony, and battery, a misdemeanor. The Fifth District’s opinion details the evidence presented at the adjudicatory hearing:

The victim testified that on January 29, 1997, he was getting off a bus at his stop. According to the…

2Cases cited8 opinions

  1. People v. GardeleyCalifornia Supreme Court · 1996
  2. Department of Law Enf. v. Real PropertySupreme Court of Florida · 1991
  3. Wyche v. StateSupreme Court of Florida · 1993
  4. State v. SaiezSupreme Court of Florida · 1986
  5. State v. WalkerDistrict Court of Appeal of Florida · 1984

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3Cited by18 opinions

  1. State v. BondsCourt of Criminal Appeals of Tennessee · 2015
  2. Haire v. Florida Department of Agriculture & Consumer ServicesSupreme Court of Florida · 2004
  3. State of Arizona v. Christopher ArevaloArizona Supreme Court · 2020
  4. People v. VillarealIllinois Supreme Court · 2023
  5. State v. OCSupreme Court of Florida · 1999

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