Schlangen v. State

District Court of Appeal of Florida

Schlangen v. State

734 So. 2d 1173, 1999 Fla. App. LEXIS 8288, 1999 WL 413229

CourtDistrict Court of Appeal of Florida

DecidedJune 23, 1999

DocketNo. 98-00451

StatusPublished

This text of 734 So. 2d 1173 (Schlangen 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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Schlangen v. State, 734 So. 2d 1173, 1999 Fla. App. LEXIS 8288, 1999 WL 413229 (Fla. Ct. App. 1999).

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Opinion

PATTERSON, Acting Chief Judge.

Kenneth Schlangen appeals from his judgment and sentences for grand theft of a motor vehicle, aggravated assault on a law enforcement officer, two counts of battery on a law enforcement officer, and two counts of obstructing or opposing a law enforcement officer with violence. We affirm Schlangen’s judgment and sentences, with the exception of his conviction for one of the counts of obstructing or opposing an officer with violence. Even though his altercation was with two officers, Schlan-gen can only be convicted of one count of obstructing an officer because the offenses occurred during one continuous episode. See Wallace v. State, 724 So.2d 1176 (Fla. 1998) (holding that the defendant could only be convicted of one count of resisting arrest where the altercation with several officers was in the course of the defendant’s continuous resistance to an -attempt to effect his arrest); Stanley v. State, 733 So.2d 559 (Fla. 5th DCA 1999) (same).

Accordingly, we vacate one conviction and sentence for obstructing or opposing an officer with violence and affirm in all other respects.

Affirmed in part; reversed in part.

GREEN and CASANUEVA, JJ., Concur.

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PATTERSON, Acting Chief Judge.

Kenneth Schlangen appeals from his judgment and sentences for grand theft of a motor vehicle, aggravated assault on a law enforcement officer, two counts of battery on a law enforcement officer, and two counts of obstructing or opposing a law enforcement officer with violence. We affirm Schlangen’s judgment and sentences, with the exception of his conviction for one of the counts of obstructing or opposing an officer with violence. Even though his altercation was with two officers, Schlan-gen can only be convicted of one count of obstructing an officer because the offenses occurred during one continuous episode. See Wallace v. State, 724 So.2d 1176 (Fla. 1998) (holding that the defendant could only be convicted of one count of resisting arrest where the altercation with several officers was in the course of the defendant’s continuous resistance to an -attempt to effect his arrest); Stanley v. State, 733 So.2d 559 (Fla. 5th DCA 1999) (same).

Accordingly, we vacate one conviction and sentence for obstructing or opposing an officer with violence and affirm in all other respects.

Affirmed in part; reversed in part.

GREEN and CASANUEVA, JJ., Concur.

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734 So. 2d 1173, 1999 Fla. App. LEXIS 8288, 1999 WL 413229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schlangen-v-state-fladistctapp-1999.

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