FENQWAVIOUS LOPEZ v. THE STATE OF FLORIDA
This text of FENQWAVIOUS LOPEZ v. THE STATE OF FLORIDA (FENQWAVIOUS LOPEZ v. THE STATE OF FLORIDA) 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.
Opinion
Third District Court of Appeal State of Florida
Opinion filed March 22, 2023. ________________
No. 3D22-856 Lower Tribunal No. B20-12670 ________________
Fenqwavious Lopez, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the County Court for Miami-Dade County, Javier Enriquez, Judge.
Carlos J. Martinez, Public Defender, and Nicholas Lynch, Assistant Public Defender, for appellant.
Ashley Moody, Attorney General, and Kseniya Smychkouskaya, Assistant Attorney General, for appellee.
Before FERNANDEZ, C.J., and LOGUE, and LINDSEY, JJ.
ON CONFESSION OF ERROR
PER CURIAM. Fenqwavious Lopez appeals a final judgment of conviction and
sentence rendered on April 13, 2022. The sole issue that Lopez raises on
appeal is that the trial court fundamentally erred when it failed to instruct the
jury on an essential element of the charge of resisting an officer without
violence; that is, that the officer was engaged in the lawful execution of a
legal duty at the time when Lopez allegedly resisted. In response, the State
has filed a Notice of Confession of Error.
Accordingly, based on our review of the record, as well as the State’s
commendable confession of error, the final judgment and sentence are
reversed and the cause is remanded to the trial court for further proceedings.
Reversed and remanded.
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