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· 12/5/2007

F.C. v. State

Citations

  • 971 So. 2d 899
  • 2007 Fla. App. LEXIS 19236

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that, in context, defendant's threats to \kick your punk ass\ directed at two different police officers constituted true threats subject to prosecution under statute prohibiting breach of peace
  • affirming defendant’s conviction for breach of the peace under section 53a-181(a)(3) based on his use of obscene gestures and profane statements, as well as non-profane statements accompanied by physically threatening gestures
  • acknowledging Black's formulation of a true threat and applying objective test
  • “[although the doctrines of over-breadth and vagueness are closely related . . . they are distinct” [internal quotation marks omitted]
  • “[w]here the trial court reaches a correct decision but on [mistaken] grounds, this court has repeatedly sustained the trial court’s action if proper grounds exist to support it” [internal quotation marks omitted]
  • in determin- ing whether statement is true threat, surrounding events and reaction of listeners should be considered

Source: CourtListener parenthetical corpus (CC0).

Judges: Cortinas, Green, Rothenberg

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.