P.J., In Interest of, 90-1790

Decision Date08 May 1991
Docket NumberNo. 90-1790,90-1790
PartiesIn the Interest of P.J., a child. 579 So.2d 299, 16 Fla. L. Week. 1251
CourtFlorida District Court of Appeals

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Jacqueline Saltiel, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant, a juvenile, was charged with violation of section 838.021(1)(a) and (3)(b) Florida Statutes (Supp.1990), for threatening a police officer with death and bodily harm by way of petition for adjudication of delinquency. He was convicted for violating the statute, adjudicated delinquent, and sentenced to juvenile community control for nine months with some conditions including the assessment of a public defender's fee. We affirm his conviction, but reverse the assessment of a public defender's fees without notice and hearing, and remand.

Appellant was stopped by Officer James Wright of the Fort Lauderdale Police Department for driving a car with the windshield smashed and driving without adult supervision on a restricted license. The officer, knowing that appellant only had a restricted license due to a prior traffic stop, had to pursue him for approximately eight blocks before being able to stop him.

According to the officer, appellant got out of the car, screaming that he was being harassed by the officer because the appellant had previously been arrested by the same officer, at which point the officer arrested appellant for operating the vehicle without a proper license. On cross-examination appellant acknowledged telling the officer he was going to blow him away, but said he had done so in order to make the officer mad, because the officer had joked with another officer, leaving appellant inside the hot police car. He also testified that he told the officer that he was going to kick his ass because he was mad at the officer for having previously arrested him.

The officer testified that appellant was so belligerent and aggressive that he had to take the threats seriously; described appellant as a very big juvenile who was not only larger, but also in better physical condition than himself; and said the threats continued throughout the time that appellant was in custody. On cross-examination, the officer acknowledged that the threats were made while appellant was under arrest and handcuffed, but the officer took the threats to his person...

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5 cases
  • Harrison v. State, 93-1980
    • United States
    • Florida District Court of Appeals
    • August 19, 1994
    ...decision in Bragg v. State, 475 So.2d 1255 (Fla. 5th DCA 1985) to support his argument, while the State contends that In the Interest of P.J., 579 So.2d 299 (Fla. 4th DCA) review dismissed, 583 So.2d 1036 (Fla.1991), and Smith v. State, 532 So.2d 50 (Fla. 2d DCA 1988) mandate In Slaughter, ......
  • P.B. v. State
    • United States
    • Florida District Court of Appeals
    • August 8, 2012
    ...or to obtain proof of shots); Smith v. State, 754 So.2d 889, 890 (Fla. 5th DCA 2000) (threats made “during the arrest”); In re P.J., 579 So.2d 299 (Fla. 4th DCA 1991) (threats made while juvenile was under arrest and handcuffed). Indeed, to prove the offense of corruption by threat against ......
  • Puy v. State
    • United States
    • Florida District Court of Appeals
    • April 15, 2020
    ...a threat to conduct a mass shooting at school. Section 836.10 does not define "threat." However, in In Interest of P.J. , 579 So. 2d 299, 300 (Fla. 4th DCA 1991), where the legislature did not provide a definition for "threat" in another statute, this court held that "threat" was "to be giv......
  • State v. Hamilton, 92-2542
    • United States
    • Florida District Court of Appeals
    • August 10, 1993
    ...and HUBBART and JORGENSON, JJ. PER CURIAM. Based on the defendant's confession of error which we conclude is well founded, In re P.J., 579 So.2d 299 (Fla. 4th DCA), rev. dismissed, 583 So.2d 1036 (Fla.1991); Smith v. State, 532 So.2d 50 (Fla. 2d DCA 1988), we reverse the order under review ......
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