O. A. v. State, 74--1508
| Decision Date | 30 April 1975 |
| Docket Number | No. 74--1508,74--1508 |
| Citation | 312 So.2d 202 |
| Parties | O.A., a juvenile, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Judge C. Luckey, Jr., Public Defender, Tampa, James A. Gardner, Public Defender, Sarasota, Tim Moran, and Ellen Condon, Asst. Public Defenders, Tampa, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee.
This is an appeal from an adjudication of delinquency predicated upon a finding of guilt of participating in an affray. Affrays are proscribed by Fla.Stat. § 870.01(1) (1973).
The victim was accosted by a group of persons at Middleton School in Tampa. Several of the group members struck the victim. Appellant was charged with assault and battery. At the trial, appellant, who did not go to Middleton School, was identified as being with the group. However, no one, including the victim, stated that appellant participated in the beating. The Court held there was no proof of assault and battery but found appellant guilty of participating in an affray, as a 'lesser included offense.'
The only Florida case cited to us on the subject of affray is Carnley v. State, 1924, 88 Fla. 281, 102 So. 333, in which the court upheld an assault and battery verdict entered upon an information which charged both assault and battery and affray in a single count. Pertinent to the instant case, the court observed:
Thus, it appears that assault and battery is a lesser included offense of an affray and not vice versa. One reason for this is that in an affray two or more persons must fight, whereas an assault and battery may be committed by only one person. There was no proof that the appellant participated in the beating. Therefore, he could not be guilty of participating in an affray.
We do not...
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Travis v. Sec'y
...in an affray, two or more persons must fight, whereas a second degree murder may be committed by only one person. See O.A. v. State, 312 So. 2d 202, 203 (Fla. App. 1975) ("[I]t appears that assault and battery is a lesser include offense of an affray and not vice versa."); Hickman v. State,......
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C.M. v. State
...to the common-law definition: "the fighting of two or more persons in a public place, to the terror of the people." O.A. v. State, 312 So.2d 202, 203 (Fla. 2d DCA 1975) (quoting Carnley v. State, 88 Fla. 281, 102 So. 333, 334 (1924) ); accord D.L.B. v. State, 707 So.2d 844, 844 (Fla. 2d DCA......
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D.L.B. v. State, 96-01814
...the common law meaning of affray, which is that affray is fighting in a public place to the terror of the people. See O.A. v. State, 312 So.2d 202 (Fla. 2d DCA 1975). See also D.J. v. State, 651 So.2d 1255 (Fla. 1st DCA 1995). In order to overcome a void-for-vagueness challenge, a criminal ......
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D.J. v. State, 94-1166
...or more persons in a public place to the terror of the people." Carnley v. State, 88 Fla. 281, 102 So. 333 (1924); see O.A. v. State, 312 So.2d 202 (Fla. 2d DCA 1975). The appellant has argued that the fight was not in a public place, having occurred at a high school that was not open to th......