Granville v. State

District Court of Appeal of Florida

Granville v. State

455 So. 2d 549, 9 Fla. L. Weekly 1847, 1984 Fla. App. LEXIS 14872

CourtDistrict Court of Appeal of Florida

DecidedAugust 24, 1984

DocketNo. AV-413

StatusPublished

This text of 455 So. 2d 549 (Granville 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

Granville v. State, 455 So. 2d 549, 9 Fla. L. Weekly 1847, 1984 Fla. App. LEXIS 14872 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

On this appeal two issues are presented: (1) Whether the court erred by summoning potential jurors in a discriminatory manner tending to exclude segments of the general population; (2) Whether the court erred in denying appellant’s post-trial motion for judgment of acquittal predicated on the ground that appellant’s initial arrest was unlawful. As to the first issue, we affirm on the authority of Carwise v. State, 454 So.2d 707 (Fla. 1st DCA 1984), and find no error with respect to the second question.

Among other offenses, appellant was convicted of violating § 843.02, Florida Statutes, by resisting an officer without violence. It was established at trial that appellant committed a battery in the presence of a law enforcement officer. Regardless of whether a violation of probation also occurred, the officer was clearly authorized to effect appellant’s arrest for the battery. Appellant’s conviction for resisting an officer without violence might thus be predicated upon his subsequent flight from the arresting officer.

AFFIRMED.

SMITH, WENTWORTH and WIGGIN-TON, JJ., concur.

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PER CURIAM.

On this appeal two issues are presented: (1) Whether the court erred by summoning potential jurors in a discriminatory manner tending to exclude segments of the general population; (2) Whether the court erred in denying appellant’s post-trial motion for judgment of acquittal predicated on the ground that appellant’s initial arrest was unlawful. As to the first issue, we affirm on the authority of Carwise v. State, 454 So.2d 707 (Fla. 1st DCA 1984), and find no error with respect to the second question.

Among other offenses, appellant was convicted of violating § 843.02, Florida Statutes, by resisting an officer without violence. It was established at trial that appellant committed a battery in the presence of a law enforcement officer. Regardless of whether a violation of probation also occurred, the officer was clearly authorized to effect appellant’s arrest for the battery. Appellant’s conviction for resisting an officer without violence might thus be predicated upon his subsequent flight from the arresting officer.

AFFIRMED.

SMITH, WENTWORTH and WIGGIN-TON, JJ., concur.

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Bluebook (online)

455 So. 2d 549, 9 Fla. L. Weekly 1847, 1984 Fla. App. LEXIS 14872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/granville-v-state-fladistctapp-1984.

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