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3rd DCAMay 1, 2024Reversed and remanded for entry of judgment of acquittal⭐ Notable

Giraldo v. State

Case No. 3D2022-1276

A Miami-Dade police officer convicted of official misconduct and battery for describing a subject's demeanor in an arrest affidavit and incident report (e.g., 'causing a scene,' 'disruptive behavior') appealed the denial of his motions for judgment of acquittal. The Third DCA reversed, holding that subjective characterizations of an interaction, not clearly refuted by objective facts, cannot support a conviction for knowingly and intentionally falsifying an official record under section 838.022(1)(a).

Key facts

  • Miami-Dade police officer was convicted of official misconduct and battery based on his descriptions of a subject's demeanor in an arrest affidavit and incident report, including characterizations such as 'causing a scene' and 'disruptive behavior.'
  • The officer appealed the trial court's denial of his motions for judgment of acquittal on both the official misconduct and battery counts.
  • +2 more key facts with a free trial

Why it matters

This decision draws a meaningful line between actionable falsification (misstating objective, verifiable facts) and non-actionable subjective narrative characterization in official-misconduct prosecutions against public… — full analysis with a trial

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