5D06-2144 Kevin Sheppard v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-2144

Case Date: 02/04/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008

KEVIN JOHN SHEPPARD, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 8, 2008 Appeal from the Circuit Court for Brevard County, Harry Stein, Senior Judge. James S. Purdy, Public Defender, and Marvin F. Clegg, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D06-2144

PER CURIAM. Kevin Sheppard appeals the judgment and sentence imposed following the return of the jury verdict finding him guilty of two misdemeanor counts of violation of

condition of pretrial release--domestic. 1 He argues that because he was not arrested on the underlying misdemeanor domestic battery offense and released on conditions (he was given a summons with no conditions), the facts do not support the offenses charged and his motion for judgment of acquittal on the charges should have been granted. The record reveals that the victim, Sheppard's fianc

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