Kendric Demarcus McNeill v. The State of Florida

• Court: District Court of Appeal of Florida
• Decided: July 24, 2024
• Docket: 2023-0106
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed July 24, 2024. Not final until disposition of timely filed motion for rehearing.

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No. 3D23-0106 Lower Tribunal No. F20-14475B ________________

Kendric Demarcus McNeill, Appellant,

vs.

The State of Florida, Appellee.

An appeal from the Circuit Court for Miami-Dade County, Ramiro C. Areces, Judge.

Eugene F. Zenobi, Regional Counsel, and Kristen Kawass, Assistant Regional Counsel, for appellant.

Ashley Moody, Attorney General, and Sandra Lipman, Senior Assistant Attorney General, for appellee.

Before LOGUE, C.J., and SCALES, and MILLER, JJ.

PER CURIAM. Affirmed. See § 843.02, Fla. Stat. (2020) (“Whoever shall resist,

obstruct, or oppose any officer . . . in the execution of legal process or in the

lawful execution of any legal duty, without offering or doing violence to the

person of the officer, shall be guilty of a misdemeanor of the first degree

. . . .”); see also E.A.B. v. State, 851 So. 2d 308, 311 (Fla. 2d DCA 2003)

(“The element of lawful execution of a legal duty is satisfied if an officer has

either a founded suspicion to stop the person or probable cause to make a

warrantless arrest.”); Slydell v. State, 792 So. 2d 667, 671 (Fla. 4th DCA

2001) (“Whether an officer’s suspicion is reasonable is determined by the

totality of the circumstances which existed at the time of the stop and is

based solely on facts known to the officer before the stop.”); Grant v. State,

718 So. 2d 238, 239 (Fla. 2d DCA 1998) (“Factors that may be considered

include: the time of day[,] the appearance and behavior of the suspect[,] . . .

and anything incongruous or unusual in the situation as interpreted in light of

the officer’s knowledge.”); J.A.R. v. State, 331 So. 3d 220, 224 (Fla. 2d DCA

2020), quashed on other grounds, 318 So. 3d 1256 (Fla. 2021) (affirming

adjudication of delinquency for offense of resisting officer without violence

where defendant ignored clear command to stop).