00-3143 J.M. V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 00-3143 J.M. V. STATE

Case Date: 12/05/2001

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001

J.M., a juvenile, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D00-3143 LOWER TRIBUNAL NO. 00-2948

Opinion filed December 5, 2001. An Appeal from the Circuit Court for Miami-Dade County, Cecilia M. Altonaga, Judge. Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General, and Richard L. Polin and Mercedas Ozcan, Assistant Attorneys General, and Michael Cummings, Certified Legal Intern, for appellee. Before GREEN, SHEVIN and SORONDO, JJ. PER CURIAM. Affirmed. See Miller v. State, 636 So. 2d 144, 150 (Fla. 1st DCA 1994)("[T]he question as to whether appellant had a specific intent to batter [the police officer] was a matter for the jury's

determination."); Johnson v. State, 634 So. 2d 1144 (Fla. 4th DCA 1994)(circumstantial evidence is admissible to prove states of mind such as intent).

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