I.S.M. v. State

District Court of Appeal of Florida

I.S.M. v. State

718 So. 2d 911, 1998 Fla. App. LEXIS 12236, 1998 WL 654173

CourtDistrict Court of Appeal of Florida

DecidedSeptember 25, 1998

DocketNo. 97-01095

StatusPublished

This text of 718 So. 2d 911 (I.S.M. 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.

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I.S.M. v. State, 718 So. 2d 911, 1998 Fla. App. LEXIS 12236, 1998 WL 654173 (Fla. Ct. App. 1998).

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Opinion

BLUE, Judge.

I.S.M. challenges his adjudication of delinquency for obstructing or opposing a police officer without violence, contrary to section 843.02, Florida Statutes (1995). We agree with I.S.M.’s contention that the State failed to meet its burden of proving that the officer was performing a legal duty when obstructed by I.S.M. Accordingly, we reverse I.S.M.’s adjudication and remand with directions to the trial court to vacate the adjudication.

Reversed and remanded.

PATTERSON, A.C.J., and CASANUEVA, J., concur.

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BLUE, Judge.

I.S.M. challenges his adjudication of delinquency for obstructing or opposing a police officer without violence, contrary to section 843.02, Florida Statutes (1995). We agree with I.S.M.’s contention that the State failed to meet its burden of proving that the officer was performing a legal duty when obstructed by I.S.M. Accordingly, we reverse I.S.M.’s adjudication and remand with directions to the trial court to vacate the adjudication.

Reversed and remanded.

PATTERSON, A.C.J., and CASANUEVA, J., concur.

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Bluebook (online)

718 So. 2d 911, 1998 Fla. App. LEXIS 12236, 1998 WL 654173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ism-v-state-fladistctapp-1998.