Arrestable Offenses / Crimes under Fla. Stat. 790.162
CopyCited 112 times | Published | Supreme Court of Florida | 1989 WL 34342
...Section
790.161, Florida Statutes, was amended by Chapter 88-381, § 44, Laws of Florida. The instruction on page 103 of the manual, therefore, should be amended as shown in Exhibit 12, which incorporates another change suggested in the (88-1) report. 5. Section
790.162, Florida Statutes, was amended by Chapter 88-381, § 45, Laws of Florida....
...njure or the owner of the property intended to be damaged. Definition A "destructive device" is defined as (adapt from F.S.
790.001(4) as required by the allegations). EXHIBIT 13 THREAT TO THROW, PLACE, PROJECT, OR DISCHARGE ANY DESTRUCTIVE DEVICE F.S.
790.162 Before you can find the defendant guilty of (crime charged), the State must prove the following two elements beyond a reasonable doubt: *1243 Elements 1....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...Public Defender, for appellant. Jim Smith, Atty. Gen., Barbara Ann Butler, Asst. Atty. Gen., for appellee. MILLS, Judge. Valdes was convicted for attempted unarmed robbery and for threatening to throw, place, or discharge a destructive device in violation of Section 790.162, Florida Statutes (1981). He contends on appeal that the State failed to prove an essential element of Section 790.162 and that the trial court should have suppressed an eyewitness identification of him....
...After twice looking over the photographs, she identified Valdes as the man who had attempted to rob her. She later identified Valdes both at the suppression hearing and at trial. Valdes contends that his motion for judgment of acquittal should have been granted as to that count of the information charging him with violating Section 790.162. It is contended that Section 790.162 requires the State to prove that a defendant acted with intent to cause bodily harm or property damage and that since the bag contained no actual destructive device he could not have had such an intent....
...We do not believe that the legislature intended such an absurd result. Moreover, this issue has been resolved adversely to Valdes in Reid v. State,
405 So.2d 500 (Fla. 2d DCA 1981). We agree with the Second District and hold that in order to obtain a conviction under Section
790.162, Florida Statutes (1981), the State need not prove the existence of an actual destructive device....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...November 6, 1981. Jerry Hill, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant. Jim Smith, Atty. Gen., Tallahassee, and James S. Purdy, Asst. Atty. Gen., Tampa, for appellee. GRIMES, Judge. This case involves the construction of section 790.162, Florida Statutes (1979)....
...At the trial, the state attorney conceded that appellant had not possessed a destructive device. The jury found appellant guilty of both charges, and he received consecutive sentences for the crimes. He appeals only his conviction for threatening to throw a destructive device. Section 790.162 reads: 790.162 Threat to throw, place or discharge any destructive device, felony; penalty....
...Thomas v. State,
317 So.2d 450 (Fla. 3d DCA 1975), cert. denied,
333 So.2d 465 (Fla. 1976). Section
790.161 provides that it is unlawful for any person to throw, place or discharge a destructive device with intent to do bodily harm or damage to property. Section
790.162, which essentially tracks the same language, was obviously intended to cover a threat to carry out the conduct proscribed by section
790.161. Viewed in this context, we think that section
790.162 requires only that the threat must convey an intent to do bodily harm or damage to property....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2008 WL 2120798
...orida Statutes (2002), and threatening a public servant, in violation of section
838.021, Florida Statutes (2002). [2] In lower tribunal case number 07-18004, Lanier was charged with threatening to throw a destructive devicea bombin violation of section
790.162, Florida Statutes (2007), possession of cocaine, in violation of section
893.13, Florida Statutes (2007), and possession of drug paraphernalia, in violation of section
893.147(1), Florida Statutes (2007)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...lace and bomb it. By information the defendant was charged with threatening to throw, place or discharge a destructive device (bomb) at said location, with intent to do bodily harm to the Zembas or with intent to damage the property, in violation of Section 790.162 Florida Statutes 1975....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2000 WL 707188
...5th DCA 1999); Cook v. State,
737 So.2d 569 (Fla. 5th DCA 1999), cert. granted, No. SC96399,
761 So.2d 327 (Fla. Feb. 21, 2000). AFFIRMED in part; REMANDED in part for resentencing. ANTOON, C.J., and GRIFFIN, J., concur. NOTES [1] §
812.13, Fla. Stat. (1997). [2] §
790.162, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1988 WL 72164
...NOTES [1] The purpose of the enhancement statute must, therefore, be distinguished from the purpose of other substantive criminal statutes that explicitly prohibit a threat to "throw, place, or discharge any destructive device with intent to do bodily harm," § 790.162, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...Public Defender, for appellant. Jim Smith, Atty. Gen., Barbara Ann Butler, Asst. Atty. Gen., for appellee. MILLS, Judge. Valdes was convicted for unarmed robbery and for threatening to throw, place, or discharge a destructive device in violation of Section 790.162, Florida Statutes (1981)....
...Later, it was discovered that the bag contained only a styrofoam cup. Fingerprint experts were able to identify a fingerprint found on the cup as one belonging to the defendant, James Valdes. He was arrested and charged with unarmed robbery and with violating Section 790.162, Florida Statutes (1981)....
CopyPublished | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 9861, 1991 WL 199929
...lony, and two counts of armed robbery. Following a trial by jury, appellant was convicted of two counts of robbery with a deadly weapon, contrary to section 812.-13(2), and threatening to throw, place or discharge any destructive device, contrary to section 790.162....
CopyPublished | District Court of Appeal of Florida
was charged for his shooting statements. Section
790.162 makes it unlawful to threaten to place a bomb
CopyPublished | Supreme Court of Florida
make clear that the offense as charged under section
790.162, Florida Statutes (2017) (Threat to throw,
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 2062, 1997 WL 101244
...ice. We reverse because the trial court erred in failing to grant a mistrial. The state filed an information charging Keene with threatening to place or discharge a destructive device at the newspaper office of the jBradenton Herald, in violation of section 790.162, Florida Statutes (1993)....
CopyPublished | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 306, 1985 Fla. App. LEXIS 12174
PER CURIAM. Petitioner seeks a writ of habeas corpus alleging ineffective assistance of counsel in that his appellate counsel failed to raise on appeal the following issue: Whether, in order to prove a violation of section 790.162, Florida Statutes, defining the crime of threatening to discharge a destructive device, the state must show the actual existence of a destructive device or whether it is sufficient to merely show a threat to discharge a destructive device....
