KOSITSKY v. STATE

No. 4D07-251.

974 So.2d 614 (2008)

Kevin KOSITSKY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 27, 2008.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Barbara J. Wolfe, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

Appellant was charged with DUI and, because of statements he made after he was arrested, he was also charged with corruption of a public official by threat. He appeals his corruption conviction, arguing that the trial court should have granted his motion for judgment of acquittal, because, although there was a threat, the element of intent to influence performance of an act by a public servant was not established. We agree and reverse.

Corruption...

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