EDMOND ST. FLEURY, Appellant,
STATE OF FLORIDA, Appellee.
final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Edward H. Merrigan Jr., Judge; L.T. Case No.
Haughwout, Public Defender, and Brad R. Schlesinger,
Assistant Public Defender, West Palm Beach, for appellant.
Jo Bondi, Attorney General, Tallahassee, and Rachael Kaiman,
Assistant Attorney General, West Palm Beach, for appellee.
issue for our consideration is whether the evidence presented
at trial was sufficient to support a conviction for
disorderly conduct. We find that because the state failed to
prove that appellant posed an imminent danger to others or
that appellant's words incited others to breach the
peace, the trial court erred when it denied appellant's
motion for judgment of acquittal on his disorderly conduct
charge. Accordingly, we reverse appellant's conviction
for that charge.
went to a pet store to purchase a pet lizard. A store
employee began questioning appellant about whether he would
be able to take care of the lizard. The store manager then
came over to tell appellant that the store would not be
selling him the lizard because the manager did not think he
would be able to take care of it.
hearing this, appellant began to loudly demand that the
manager sell him the lizard. His argument with the manager
caused patrons of the store to stop and stare. Others simply
left the store. At this point, the manager asked appellant to
leave, but appellant refused. The manager then called the
deputies from the Broward Sheriff's Office were the first
to respond. Appellant told them that he did not want to leave
the store because he wanted to buy the particular lizard he
had been considering. One of the deputies asked appellant to
produce his identification. Appellant did not cooperate and
explained that his license was in his car. Appellant became
boisterous and began cursing at the deputies, who repeatedly
told him to calm down. Around this time, two more deputies
arrived and instructed the remaining customers in the store
to exit the premises. At no time did appellant threaten
violence against any of the customers or the officers.
was then informed that he was being placed under arrest for
disorderly conduct because he was being loud and boisterous.
One of the deputies attempted to handcuff appellant while
another tried to grab his arm. Appellant started to thrash
back and forth and then punched one of the deputies in the
chest. Eventually, the officers were able to tase and
handcuff appellant. Appellant was arrested and charged with
disorderly conduct and resisting a law enforcement officer
trial, after the state rested its case, appellant moved for
judgment of acquittal on the disorderly conduct charge,
arguing that the state had failed to prove the elements of
disorderly conduct. The trial court denied the motion. The
jury found appellant guilty. Appellant appeals his conviction
and sentence for disorderly conduct.
review de novo the denial of a motion for judgment of
acquittal. Pagan v. State, 830 So.2d 792, 803 (Fla.
877.03, Florida Statutes (2016), which criminalizes
disorderly conduct, provides:
Whoever commits such acts as are of a nature to corrupt the
public morals, or outrage the sense of public decency, or
affect the peace and quiet of persons who may witness them,
or engages in brawling or fighting, or engages in such
conduct as to constitute a breach of the peace or disorderly