K. G. v. State, 75-1951
| Decision Date | 28 September 1976 |
| Docket Number | No. 75-1951,75-1951 |
| Citation | 338 So.2d 72 |
| Parties | K. G., a Juvenile, Appellant. v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Phillip A. Hubbart, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.
Before PEARSON, HENDRY and NATHAN, JJ.
The appellant, a fifteen year old juvenile, was charged in a petition for delinquency with creating a disturbance in a public place, two counts of assault and battery and resisting arrest. Following a hearing, the juvenile was found to have committed the acts charged, and was adjudicated delinquent and placed under the supervision of the Division of Youth Services. On appeal, the juvenile contends that the court erred in entering an adjudicating of delinquency.
The record reflects that the juvenile was observed with several other young females speaking to the driver of an automobile which was stopped in the roadway. Police officers requested that the females leave the road and stand on the sidewalk. The juvenile complied, but uttered profanities. When she became boisterous and loud, she was arrested for 'open profanity.' During the arrest, the juvenile struck one of the officers and bit the other.
The appellant urges that Section 877.03, Florida Statutes, entitled 'Breach of the peace; disorderly conduct,' was unconstitutionally applied to the facts of this case. We do not agree. Generally, the utilization of expletives creating a mere annoyance does not come within the purview of the statute. See Gonzales v. City of Belle Glade, 287 So.2d 669, 670 (Fla.1973), and In re Fuller, 255 So.2d 1 (Fla.1971). However, as stated in Bradshaw v. State, 286 So.2d 4, 8 (Fla.1973), the atmosphere surrounding the incident is always relevant. There are certain exceptions, depending upon the circumstances, which, when coupled with the use of expletives will constitute a breach of the peace. Phillips v. State, 314 So.2d 619, 621 (Fla.4th DCA 1973).
The testimony of one of the officers was that during the incident, people were coming out of their houses and watching, and that others were stopping to assist the juvenile, and they too began yelling profanities at the officers. In our opinion, the actions of the juvenile were of such a nature as to create a disturbance which affected the peace and quiet of persons witnessing the incident, and were in violation of Section 877.03, Florida Statutes. Therefore, we find that the statute was constitutionally applied to the facts of this case, and we affirm the adjudication of delinquency on the charge of creating a disturbance in a public place.
Based on the foregoing, it follows logically that the actions of the juvenile in biting and striking the arresting...
To continue reading
Request your trial
-
State v. Thomas, s. 58209 and 58210
...construed in State v. Winsett, 8 Storey 111, 58 Del. 111, 205 A.2d 510, 518 (1964); Fla.Stat. § 776.051(1), construed in K. G. v. State, 338 So.2d 72, 74 (Fla.App.1976); Ill.Ann.Stat. ch. 38, §§ 7-7 & 31-1 (Smith-Hurd 1961), construed in People v. Locken, 59 Ill.2d 459, 322 N.E.2d 51, 53-54......
-
Jones v. State
...officer's presence, conviction upheld because courtroom is proper place to contest arrest rather than street). See also K.G. v. State, 338 So.2d 72 (Fla. 3d DCA 1976), cert. den., 352 So.2d 172 In Meeks v. State, 369 So.2d 109 (Fla. 1st DCA 1979), the district court, citing to section 784.0......
-
Lee v. State, 77-720
...he was charged. As to this crime, the illegality of the arrest is no defense. Section 776.051, Florida Statutes (1977); K. G. v. State, 338 So.2d 72 (Fla.3d DCA 1976). The defendant below successfully requested, however, that the court instruct the jury on what he deemed the lesser included......
-
Perry v. State
...feel they have been wrongly accused from conducting their defense by physical battle when an arrest is attempted. See K.G. v. State, 338 So.2d 72, 74 (Fla. 3d DCA 1976). If this is what the legislature intended to deter, then the "arrest" line should be drawn at the point where the suspect ......