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CALAMIA v. STATE

No. 5D12-1710.

125 So.3d 1007 (2013)

Russell Harris CALAMIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 28, 2013.

Attorney(s) appearing for the Case

John D. Middleton of The Middleton Law Office, Melrose, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Lori N. Hagan , Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Russell Harris Calamia appeals his jury conviction for extortion. Calamia contends that the court erred in instructing the jury with a definition of legal malice for the term "maliciously" in the extortion statute. § 836.05, Fla. Stat. (2009). Calamia also contends that the court erred in instructing the jury that a communication to a third party is sufficient for a "communication" within the meaning of the statute. We find merit to Calamia's contentions...

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