POLK COUNTY, Fla. – A state appeals court Friday tossed out the conviction of a former Polk County Sheriff’s Office detective who was arrested in 2019 on charges of falsifying records.
Dennis Jones Jr. was convicted on 18 counts of official misconduct for falsifying reports in various investigations, according to Friday’s ruling by a three-judge panel of the 6th District Court of Appeal.
But the appeal focused on whether the falsification was done to “obtain a benefit,” which is an element of a state law about official misconduct.
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The appeals court said evidence was not presented during Jones’ trial that showed he received a benefit from falsifying the records.
“We recognize the reprehensible nature of defendant’s conduct in falsifying at least 18 investigatory reports,” said Friday’s ruling, written by Judge Jared Smith and joined by Chief Judge Dan Traver and Judge Joshua Mize. “And we acknowledge that his actions inflicted damage to the people he swore to serve, both specifically to those about whom he lied, and generally to the community as a whole. But the evidence introduced at trial — even if we view it in a light most favorable to the state — does not establish official misconduct, as the Florida Legislature has defined that crime.”
The ruling sent the case back to the circuit court with an order to issue a judgment of acquittal.
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