Legal Opinion · Concurring in part, dissenting in part

C.J.P. v. State

District Court of Appeal of Florida

Decided April 16, 1996No. 95-161Published

1Concurring in part, dissenting in partBenton, Judge

I concur as to count III but respectfully dissent as to count I. On count I, the prosecution had to prove beyond a reasonable doubt “that 1) an aggravated assault occurred, 2) C.J.P. knew that an aggravated assault had occurred, and 3) C.J.P. aided the perpetrator with the intent that the offender avoid arrest.” Ante, p. 63.

In a hearing on a petition alleging that a child has committed a delinquent act or violation of law, the evidence must establish such findings beyond a reasonable doubt.

§ 39.052(l)(b)l., Fla.Stat. (Supp.1994). In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368…

2Cases cited9 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Williams v. StateSupreme Court of Florida · 1903
  3. D.C. v. StateDistrict Court of Appeal of Florida · 1990
  4. Ruiz v. StateDistrict Court of Appeal of Florida · 1980
  5. Forchion v. StateDistrict Court of Appeal of Florida · 1968

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API