Florida/Georgia Personal Injury & Workers Compensation

...None Attempt 777 .CM (T) 5A- Attempt 777.04(1] 5.1 Comment This instruction was adopted in 2010 [ 44 So.3d 565 ] and amended in 2013. 21.14 FALSE INFORMATION TO LAW ENFORCEMENT INVESTIGATING A MISSING PERSON 16 YEARS OF AGE OR YOUNGER WHO SUFFERS [GREAT BODILY HARM] [PERMANENT DISABILITY] [PERMANENT DISFIGUREMENT] [DEATH] § 837.055(2), Fla....

...“Willfully” means knowingly, intentionally, and purposely. Lesser Included Offenses *777 FALSE INFORMATION TO LAW ENFORCEMENT INVESTIGATING A MISSING PERSON 16 YEARS OF AGE OR YOUNGER WHO SUFFERS TGREAT BODILY HARM1 IDEATH1 IPERMANENT rDISABILFTYl rDISFIGUREMENTl - $ 837.055121 CATEGORY CATEGORY FLA. STAT. INS. NO. ONE TWO Knowingly Giving False Information Concerning a Missing Person Investigation 837.055fn 21.15 Knowingly Giving False Information Concerning a Felony Criminal Investigation 837.055m 21.15 Attempt 777.04m 5.1 Comments It is undetermined whether an element of this crime is that the defendant knew that the missing person investigation involved a child 16 years of age or younger. There is no case law regarding the definition of “law enforcement officer” This instruction was adopted in 2013. 48.32115 FALSE INFORMATION TO LAW ENFORCEMENT § 837.055(1), Fla....

PER CURIAM. Casey Anthony appeals her convictions for four counts of providing false information to a law enforcement officer during a missing person investigation in -violation of section 837.055, Florida Statutes (2008)....

...rial court should have granted her motion to suppress statements made to law enforcement officers prior to Appellant having been apprised of her Miranda 1 rights; (2) her multiple convictions violated the prohibition against double jeopardy; and (3) section 837.055 is unconstitutionally vague....

...tion occurred. We reject both parties’ arguments and conclude that under the facts of this case, Appellant can properly be convicted of two counts of providing false information to a law enforcement officer during a missing person investigation. 3 Section 837.055 provides: False information to law enforcement during investigation.— Whoever knowingly and willfully gives false information to a law enforcement officer who is conducting a missing person investigation ......

...etermine that each interview in which false information was given (or repeated) constituted a separate criminal episode. However, we also find the State’s argument that each false statement constituted a separate crime to be flawed. Sec *1120 tion 837.055 speaks in terms of “false information,” not “false statements.” The term “information” can encompass one or many statements of fact. See Merriam Webster’s Collegiate Dictionary 599 (10th ed.) (listing “facts” as a synonym for “information”). Based on the wording of section 837.055, we cannot conclude that the Legislature intended to authorize separate punishment for each false statement made during a single interview....

...ty must be resolved in accused’s favor). Based on the aforesaid analysis, we determine that the trial court should have vacated two of Appellant’s convictions. We find no merit to Appellant’s final argument challenging the constitutionality of section 837.055....

...Stat., then those sex crimes would be lesser-included crimes. This instruction was adopted in 1981 and was amended in 1985 [477 So. 2d 985], 1998 [723 So. 2d 123], 2014 [152 So. 3d 475], and 2015 [167 So. 3d 443], and 2017. 18.3 FALSE INFORMATION TO LAW ENFORCEMENT § 837.055 Fla....

2008. 18.3 FALSE INFORMATION TO LAW ENFORCEMENT § 837.055 Fla. Stat. To prove the crime of False Information

...3d 352, 354 (Fla. 4th DCA 2016) (citation omitted). “The interpretation of a statute is a purely legal matter and subject to review de novo.” State v. Brock, 138 So. 3d 1060, 1062 (Fla. 4th DCA 2014). Appellant was charged with three counts of violating section 837.055(2), Florida Statutes (2013)....

...The child’s remains were later discovered near the defendant’s family home. Id. at 1116. The defendant was convicted of four counts of providing false information to a law enforcement officer, a first-degree misdemeanor. Id. at 1117. As a result of Anthony, the legislature enacted section 837.055(2), creating a third-degree felony when a person knowingly and willfully gives false information to a law enforcement officer who is conducting a missing person investigation involving a child 16 years of age or younger with the intent to mislead the officer or impede the investigation, and the child who is the subject of the investigation suffers great bodily harm, permanent disability, permanent disfigurement, or death . . . . § 837.055(2), Fla....

...remand for the trial court to impose a non-state prison sanction. See id. at 648. Affirmed in part, reversed in part. WARNER, J., concurs. GROSS, J., concurs specially with opinion. GROSS, J., concurring specially. I concur in the majority opinion. One possible reading of section 837.055(2), Florida Statutes (2013), is that the child who is the subject of investigation suffers harm after the giving of the false information, without there being any causal connection....

...The probation order shall be corrected on remand to reflect the sentence pronounced at the sentencing hearing. Affirmed in part, reversed in part, and remanded. ALTENBERND, CASANUEVA, and BLACK, JJ., Concur. . See § 827.03, Fla. Stat. (2011). . See § 837.055, Fla....

...Liaison, Office of the State Courts Administrator, Tallahassee, Florida, for Petitioner -3-  APPENDIX 21.15 FALSE INFORMATION TO LAW ENFORCEMENT § 837.055(1), Fla....

...1stst DCA 1987). “Willfully” means intentionally, knowingly and purposely. Give if applicable. Felony criminal investigation. The court instructs you that (name of crime) is a felony. Lesser Included Offenses FALSE INFORMATION TO LAW ENFORCEMENT — 837.055(1) CATEGORY ONE CATEGORY TWO FLA....

...3d 263], and 2019. 21.14 FALSE INFORMATION TO LAW ENFORCEMENT INVESTIGATING A MISSING PERSON 16 YEARS OF AGE OR YOUNGER WHO SUFFERS [GREAT BODILY HARM] [PERMANENT DISABILITY] [PERMANENT DISFIGUREMENT] [DEATH] § 837.055(2), Fla....

... Lesser Included Offenses FALSE INFORMATION TO LAW ENFORCEMENT INVESTIGATING A MISSING PERSON 16 YEARS OF AGE OR YOUNGER WHO SUFFERS [GREAT BODILY HARM] [DEATH] [PERMANENT [DISABILITY] [DISFIGUREMENT] - § 837.055(2) CATEGORY CATEGORY FLA. STAT. INS. NO. ONE TWO Knowingly Giving 837.055(1) 21.15 False Information Concerning a Missing Person Investigation Knowingly Giving 837.055(1) 21.15 False Information Concerning a Felony Criminal Investigation Attempt 777.04(1) 5.1 C...