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O'LEARY v. STATE

No. 1D12-0975.

109 So.3d 874 (2013)

Timothy Ryan O'LEARY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 18, 2013.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and David P. Gauldin , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Angela R. Hensel , Assistant Attorney General, Tallahassee, for Appellee.

VAN NORTWICK, J.

We have for review the trial court's denial of Timothy Ryan O'Leary's motion to dismiss the two counts of sending written threats to kill or do bodily harm in violation of section 836.10, Florida Statutes (2011). Appellant argues that, because the threats at issue were simply posted on his personal Facebook1 page, the threats were not "sent" to the alleged victims as required...

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