Legal Opinion · Dissent

Richard S. Batterson v. State

District Court of Appeal of Florida

Decided June 17, 2016No. Case 5D14-3744Published

1DissentOrfinger, J.

Richard Scott Batterson appeals his conviction of bribery in violation of section 838.015(1), Florida Statutes (2013). Because I believe the State failed to prove that Batterson solicited or accepted a benefit, an essential element of the offense, I would reverse his conviction. Thus, I respectfully dissent.

Florida law makes bribery a criminal offense. Specifically, section 838.015(1) makes it a crime for a public servant to corruptly request, solicit, accept, or agree to accept for himself or another, any pecuniary or other benefit not authorized by law with an intent or purpose to influence…

2Cases cited4 opinions

  1. Pagan v. StateSupreme Court of Florida · 2002
  2. Reynolds v. StateSupreme Court of Florida · 2006
  3. Straughter v. StateDistrict Court of Appeal of Florida · 1980
  4. State v. Flansbaum-TalabiscoDistrict Court of Appeal of Florida · 2013

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