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6th DCAJune 23, 2023Reversed and remanded with instructions to enter judgment of acquittal⭐ Notable

Jones v. State

Case No. 6D2023-0311

A Polk County detective was convicted of 18 counts of official misconduct under section 838.022(1)(a) for falsifying investigatory reports. The Sixth DCA reversed, holding the State failed to prove the 'obtain a benefit' element because there was no evidence the defendant knew he would be terminated or otherwise punished for failing to properly complete his reports, which is required even under cases treating avoidance of termination as a cognizable 'benefit.'

Key facts

  • A Polk County detective was convicted of 18 counts of official misconduct for falsifying investigatory reports.
  • The trial court denied the defendant's motion for judgment of acquittal, finding the State proved all elements of the offense.
  • +2 more key facts with a free trial

Why it matters

This decision provides a useful sufficiency-of-the-evidence framework for prosecuting and defending official misconduct charges under section 838.022, clarifying that even where avoidance of termination is treated as a… — full analysis with a trial

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