D.R.E. v. State

District Court of Appeal of Florida

D.R.E. v. State

735 So. 2d 527, 1999 Fla. App. LEXIS 6413, 1999 WL 312234

District Court of Appeal of Florida·Decided May 19, 1999·No. No. 98-03980·Published·Cited by 1 cases

Opinion

PER CURIAM.

D.R.E. appeals the trial court’s order which adjudicated him delinquent for obstructing or opposing an officer without violence in violation of section 843.02, Florida Statutes (1997). We affirm.

D.R.E. argues that the State failed to prove a prima facie case of violation of section 843.02 because issuing a trespass warning is not a legal duty. However, D.R.E.’s motion for judgment of acquittal failed to properly preserve this argument for appeal. See Bertolotti v. Dugger, 514 So.2d 1095, 1096 (Fla.1987).

Affirmed.

PARKER, C.J., and NORTHCUTT, J., and SCHEB, JOHN M. (Senior) Judge, Concur.

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PER CURIAM.

D.R.E. appeals the trial court’s order which adjudicated him delinquent for obstructing or opposing an officer without violence in violation of section 843.02, Florida Statutes (1997). We affirm.

D.R.E. argues that the State failed to prove a prima facie case of violation of section 843.02 because issuing a trespass warning is not a legal duty. However, D.R.E.’s motion for judgment of acquittal failed to properly preserve this argument for appeal. See Bertolotti v. Dugger, 514 So.2d 1095, 1096 (Fla.1987).

Affirmed.

PARKER, C.J., and NORTHCUTT, J., and SCHEB, JOHN M. (Senior) Judge, Concur.

D.R.E. v. State, 735 So. 2d 527, 1999 Fla. App. LEXIS 6413, 1999 WL 312234 (Fla. Ct. App. 1999).

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