Oxyde v. State
The Fourth DCA affirmed a disorderly conduct conviction, holding that the evidence was sufficient because Defendant's belligerent speech was accompanied by disruptive physical acts (throwing rocks, forcibly banging on a door) and, alternatively, nearly incited a fight with a resident. The court also held Defendant's challenge to admission of his use of racial slurs was unpreserved, and that even if preserved, the slurs were properly admitted because they were relevant to an element of the disorderly conduct charge (effect on witnesses' peace and quiet) and were not used to inject race or bias into the trial.
Key facts
- Defendant was charged with disorderly conduct under section 877.03 after an incident involving belligerent speech, throwing rocks, forcibly banging on a door, and nearly inciting a physical confrontation with a resident.
- The trial court admitted evidence of Defendant's use of racial slurs, and Defendant was convicted of disorderly conduct.
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Why it matters
This opinion provides a useful, well-cited synthesis of Florida's disorderly-conduct sufficiency framework, clarifying when speech-plus-conduct or near-incitement satisfies section 877.03 despite the general rule that… — full analysis with a trial
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