(Download) "State v. Castillo" by Supreme Court of Florida " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Castillo
- Author : Supreme Court of Florida
- Release Date : January 22, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Rehearing petition filed: 05/07/2004; Rehearing denied: 07/06/2004 In this case, we interpret Florida's unlawful compensation statute, which prohibits public officials from seeking or accepting unauthorized benefits in return for performance or nonperformance of official duties. See § 838.016(1), Fla. Stat. (1999). In this case, a police officer was convicted of soliciting sex in return for not issuing a traffic citation. We must decide whether the State may prove a violation through circumstantial evidence and whether the statute requires proof of an agreement. In the decision on review, the court held that the State must present direct evidence of an agreement. See Castillo v. State, 835 So. 2d 306, 309 (Fla. 3d DCA 2002). That holding expressly and directly conflicts with State v. Gerren, 604 So. 2d 515, 520-21 (Fla. 4th DCA 1992). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We hold that circumstantial evidence is sufficient to prove the offense, and that proof of a specific agreement is not required. We therefore quash Castillo. I. Facts and Proceedings Below We present the facts in the light most favorable to the jury verdict. At about 4 a.m. on March 9, 2000, nineteen-year-old A.S., who had been drinking heavily, was traveling at about 55 m.p.h. in a 40 m.p.h. speed zone when a police cruiser drove up behind her with its overhead lights on. The respondent, Miami-Dade County Police Officer Fernando Castillo, on duty and in uniform, was driving. A.S. pulled over near a Burger King restaurant. Using the patrol car's loudspeaker, Officer Castillo ordered her out of her vehicle. A.S. feared she would be arrested because she was both drunk and speeding. As she walked toward the officer, she stumbled. Castillo remarked that ""[t]he party must have been good."" After rummaging through her wallet, Castillo told A.S. to follow him into the empty Burger King parking lot. She complied. They both exited their cars and talked for awhile. Castillo was very friendly, smiling and touching A.S.'s shoulder as he stood close to her. Castillo noticed alcohol on her breath. At one point, Castillo asked her, ""Do you want to follow me?"" She said, ""what?"" and he replied, ""You are going to follow me."" Afraid not to obey, she complied. Castillo led her to a nearby deserted warehouse area. Again they exited their cars. He leaned her back on the hood of her car, pulled her pants and panties down, and mumbled ""something like `let me get that thing on."" Commenting that she had the body of a stripper, he had vaginal intercourse with her. Because she was scared, A.S. did not look or say or do anything, and when he finished, she felt wetness on her lower stomach. As they dressed, Castillo smiled and told her that she was lucky he did not give her a ticket. He gave her his beeper number and they each drove away.