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Andrew v. State

861 So. 2d 528, 2003 Fla. App. LEXIS 19794, 2003 WL 23094778
CourtDistrict Court of Appeal of Florida
DecidedDecember 31, 2003
DocketNo. 1D02-4232
StatusPublished
Cited by1 cases

This text of 861 So. 2d 528 (Andrew v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Andrew v. State, 861 So. 2d 528, 2003 Fla. App. LEXIS 19794, 2003 WL 23094778 (Fla. Ct. App. 2003).

Opinion

PER CURIAM.

Appellant Adrian Andrew was improperly convicted of both resisting an officer without violence and resisting an officer with violence. The charges of resisting Officer Weiland with and without violence may only be seen as a continuous resistance to Officer Weiland’s ongoing attempt to remove appellant from his car and arrest him. Therefore, appellant may only be convicted of resisting with violence. See e.g. Wallace v. State, 724 So.2d 1176 (Fla.1998); Jones v. State, 764 So.2d 659 (Fla. 1st DCA 2000). We VACATE the conviction and sentence for resisting without violence.

KAHN, WEBSTER and VAN NORTWICK, JJ., concur.

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Related

R.J.R. v. State
88 So. 3d 264 (District Court of Appeal of Florida, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
861 So. 2d 528, 2003 Fla. App. LEXIS 19794, 2003 WL 23094778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrew-v-state-fladistctapp-2003.