Roebuck v. State

118 So. 3d 926, 2013 WL 3949073, 2013 Fla. App. LEXIS 12088
District Court of Appeal of Florida·Decided August 2, 2013·No. No. 5D12-1061·Published

Opinion

PER CURIAM.

Appellant, Tanisha Roebuck, was convicted of resisting an officer with violence and resisting an officer without violence. She appeals claiming a double jeopardy violation. We agree. The acts giving rise to both convictions involved the same officer and occurred during the same incident as part of one criminal episode with no temporal break. See Davila v. State, 98 So.3d 122 (Fla. 5th DCA 2012). Therefore, we reverse the conviction for resisting an officer without violence.

REVERSE and REMAND.

SAWAYA, PALMER and EVANDER, JJ., concur.

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Roebuck v. State, 118 So. 3d 926, 2013 WL 3949073, 2013 Fla. App. LEXIS 12088 (Fla. Ct. App. 2013).

118 So. 3d 926 (Roebuck v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Davila v. State
98 So. 3d 122 (District Court of Appeal of Florida, 2012)