99-2757 JORDAN V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 99-2757 JORDAN V. STATE

Case Date: 12/26/2001

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

JOHNNY FRANK JORDAN, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** LOWER TRIBUNAL NO. 98-30287 CASE NO. 3D99-2757

Opinion filed December 26, 2001. An appeal from the Circuit Court for Dade County, Ronald Dresnick, Judge. Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee. Before COPE, FLETCHER and RAMIREZ, JJ. COPE, J. Johnny F. Jordan appeals his convictions for aggravated stalking in violation of subsection 784.048(4), Florida Statutes (1997), and trespass. We affirm.

The victim in this case was Jacqueline Holmes, the former

girlfriend of defendant-appellant Jordan. She obtained a permanent injunction against defendant for protection against domestic violence. This injunction prohibited contact of any type between the defendant and the victim. In September 1998, the victim and her daughter were at home when the daughter saw the defendant outside. outside to speak with the defendant. The victim went

When she did this, she was

holding a kitchen knife she had been using. There was an encounter between the two and the victim cut the defendant on his arm. victim went back inside and called the police. About a week later, the defendant called her approximately ten times from jail. These were collect calls that the victim refused to accept. The defendant contends that the foregoing evidence was insufficient to convict him of the offense of stalking under subsection 784.048(4), Florida Statutes. We disagree and conclude that the evidence was sufficient. Subsection 784.048(4) states: (4) Any person who, after an injunction for protection against repeat violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other courtimposed prohibition of conduct toward the subject person or that person's property, knowingly, willfully, maliciously, and repeatedly follows or harasses another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Under the statute, "`Harass' means to engage in a course of 2 The

conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose." In Id.

Download 99-2757 JORDAN V. STATE.pdf