CopyCited 45 times | Published | Supreme Court of Florida | 1999 WL 125522
...[13] "All fifty states have statutes making spousal abuse a crime." State v. Hickson,
630 So.2d 172, 174 (Fla.1994) (citing Rick Brown, Note, Limitations on Expert Testimony on the Battered Woman Syndrome in Homicide Cases: The Return of the Ultimate Issue Rule, 32 Ariz. L.Rev. 665 (1990)). [14] See also, e.g., §
741.281, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2008 WL 313836
...ry sentence, as opposed to the statutorily required ten-year minimum mandatory sentence set forth in section
775.087, Florida Statutes (2005), as to the Defendant's kidnapping conviction; and (3) fails to impose one year of probation, as required by section
741.281, Florida Statutes (2005)....
...5th DCA 2003) (vacating a sentence, where based upon a court-offered plea, the trial court failed to impose the statutorily mandated three-year minimum mandatory sentence). The trial court also committed reversible error in failing to impose a minimum of one year of probation in this case. Section 741.281, Florida Statutes (2005), requires the imposition of at least one year of probation in domestic violence cases....
CopyPublished | Florida 1st District Court of Appeal
...battery, based on his plea to that offense. In the transcript from
that plea hearing, the trial court advised J.C. that he was charged
with “battery” and sentenced him to nine months of probation.
That would not have been a lawful sentence for domestic violence
battery. See § 741.281, Fla....
...(requiring that when a person is
sentenced for “a crime of domestic violence, as defined in s.
741.28,
that person shall be ordered by the court to a minimum term of 1
year’s probation”). Although J.C. agreed to complete the batterers’
intervention program as established by section
741.281, Florida
1 This statutory subsection is a provision of the Federal Gun
Control Act also known as the Lautenberg Amendment.
2
Statutes, this agreement did not convert the conviction of simple
battery into a conviction and sentence for a crime of domestic
violence....
CopyPublished | Florida 4th District Court of Appeal
...d
uncharged domestic violence incident involving the defendant’s family, the
defendant’s convictions for battery on a law enforcement officer and
resisting an officer with violence did not qualify her for a batterers’
intervention program. See § 741.281, Fla....
CopyPublished | Florida 4th District Court of Appeal
...at the
defendant complete and pay for a batterers’ intervention program. The
defendant’s convictions for battery on a law enforcement officer and
resisting an officer with violence did not qualify her for a batterers’
intervention program. See § 741.281, Fla....