McCloud v. State
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The Supreme Court approved of the decision of the Second District Court of Appeal in this case concerning the proper interpretation of Florida’s witness tampering statute, Fla. Stat. 914.22, holding that the statute does not require the State to establish that the witness attempted to contact law enforcement during the commission of the underlying criminal offense.
The central issue was whether section 914.22(1)(e) requires the State to demonstrate that a witness attempted to contact law enforcement to prove its case in chief on witness tampering. The Supreme Court held (1) the statute does not designate an attempt to contract law enforcement as an element of the crime of witness tampering; and (2) in the instant case, the State presented competent, substantial evidence to support Defendant’s conviction for witness tampering.
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