final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, Lourdes
Simon, Judge. Lower Tribunal No. 18-14732
J. Martinez, Public Defender, and Jonathan Greenberg,
Assistant Public Defender, for appellant.
Moody, Attorney General, and Asad Ali, Assistant Attorney
General, for appellee.
SALTER, HENDON and GORDO, JJ.
Garcia appeals from judgments of conviction and sentence
entered by the circuit court. The single issue presented is
whether Garcia violated an injunction for protection against
stalking. See §§ 784.0485, 784.0487(4),
Fla. Stat. (2018). Garcia contends (a) he could not be
convicted based on the initially-entered temporary ex parte
injunction, because his alleged violation occurred after the
temporary injunction had expired, and (b) he could not be
convicted based on a permanent injunction entered after a
notice and hearing, because he had not attended that hearing
and had not been served with a copy of the permanent
injunction issued by the trial court at that hearing.
victim obtained a temporary, ex parte injunction for
protection against stalking against Garcia on June 12, 2018.
Garcia was duly served with a copy of the temporary
injunction the same day. The caption of the temporary
injunction stated that it "EXPIRES: July 5th 2018 OR
UNTIL THE FINAL JUDGMENT OF INJUNCTION FOR PROTECTION IF
ENTERED IS SERVED ON RESPONDENT [Garcia]."
temporary injunction set a hearing on July 5, 2018, for
consideration of whether a final judgment of protection
against stalking should be entered. The temporary injunction
instructed the victim and Garcia that "they are
scheduled to appear and testify" at the hearing and that
if either or both did not appear, "this temporary
injunction may be continued in force, extended, or dismissed,
and/or additional orders may be granted."
5, 2018, the victim appeared, but Garcia did not. A permanent
injunction was entered against Garcia, but Garcia was not
separately served with a copy of the final injunction until
August 13, 2018. In the interim, on July 21, Garcia stepped
onto the porch of the victim's home, was recorded on a
security video camera at the home as he tried to open the
(locked) front door, and was subsequently arrested for a
violation of the injunction.
and Motion for a Judgment of Acquittal
trial, the State entered into evidence the temporary
injunction, duly served on Garcia on June 12, 2018, and
established the fact of Garcia's uninvited proximity to
the victim and her residence on July 21st. The defense moved
for a judgment of acquittal based on the alleged expiration
of the temporary injunction and the fact that the final
injunction had not been served upon Garcia at the time of the
July 21st incident. The defense relied on Suggs v.
State, 795 So.2d 1028 (Fla. 2d DCA 2001), and
Livingston v. State, 847 So.2d 1131 (Fla. 4th DCA
2003), in support of the motion.
trial court denied the defense motion. The jury returned a
verdict of guilt on the charge,  the defense renewed its
motion for a judgment of acquittal, and the trial court again
denied the motion. Garcia was sentenced to 364 days in jail
for the ...