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State v. Brown

District Court of Appeal of Florida, Second District
Apr 10, 1985
466 So. 2d 1223 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-1519.

April 10, 1985.

Appeal from the Circuit Court, Lee County, R. Wallace Pack, J.

Jim Smith, Atty. Gen., Tallahassee, and William E. Taylor, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellee.


The appellee, Brown, was charged with the offense of false imprisonment in violation of section 787.02, Florida Statutes. The trial court dismissed the information for its failure to allege that the appellee's unlawful restraint of the victim was committed with a specific intent. The state has appealed. We recently held in State v. Graham, 468 So.2d 270 (Fla. 2d DCA 1985), that false imprisonment is a crime requiring only general intent and that there is no necessity to assert a specific purpose or intent in an information charging a violation of section 787.02.

Accordingly, we reverse and remand for proceedings consistent with this opinion.

RYDER, C.J., and CAMPBELL, J., concur.


Summaries of

State v. Brown

District Court of Appeal of Florida, Second District
Apr 10, 1985
466 So. 2d 1223 (Fla. Dist. Ct. App. 1985)
Case details for

State v. Brown

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. WILLIE FRANK BROWN, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 10, 1985

Citations

466 So. 2d 1223 (Fla. Dist. Ct. App. 1985)

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