Tomlinson v. State
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The Supreme Court approved the decision of the Third District Court of Appeal concluding that Florida's extortion law, Fla. Stat. 836.05, requires the State to prove that the defendant made a threat "intentionally and without a lawful justification," holding that the lower court properly interpreted the statute.
At issue was whether the State must prove that Defendant, who threatened to ruin the reputation of two fellow real estate brokers unless they paid him, made this threat with hatred for the complainants under section 836.05. While the Third District answered in the negative, the Fifth District Court of Appeal concluded that "maliciously" in section 836.05 required proof that Defendant acted with ill will or hatred. The Supreme Court approved the Third District's decision and disapproved the Fifth District's decision, holding that the trial court and court of appeal each decided correctly that the term "maliciously," as used in the statute, means "intentionally and without any lawful justification."
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