STATE v. CASTILLO

No. SC03-282.

877 So.2d 690 (2004)

STATE of Florida, Petitioner, v. Fernando CASTILLO, Respondent.

Supreme Court of Florida.

Rehearing Denied July 6, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and Consuelo Maingot and Andrea D. England, Assistant Attorneys General, Fort Lauderdale, FL, for Petitioner.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Respondent.


CANTERO, J.

In this case, we interpret Florida's unlawful compensation statute, which prohibits public officials from seeking or accepting unauthorized benefits in return for performance or nonperformance of official duties. See § 838.016(1), Fla. Stat. (1999). In this case, a police officer was convicted of soliciting sex in return for not issuing a traffic citation. We must decide whether the State may prove a violation through circumstantial evidence...

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