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Florida District Courts of Appeal, 1979

Grant v. State

Grant v. State
Florida District Courts of Appeal · Decided January 30, 1979 · Clay, Mills, Mitchell, Smith
366 So. 2d 843; 1979 Fla. App. LEXIS 14091 (Southern Reporter, Second Series)

Grant v. State

Opinion of the Court

PER CURIAM.

Appellant seeks review of his judgment and sentence for resisting arrest with violence. The stipulated record reveals that appellant’s violent activities occurred well after he had been arrested (for a no-longer existent crime) and peacefully placed in the back seat of a patrol car. Whatever other offenses he. may have been guilty of subsequently, we cannot on the record presented find that appellant was guilty of resisting arrest with violence. See English v. State, 293 So.2d 105 (Fla. 1st DCA 1974).

REVERSED.

MILLS, Acting C. J., SMITH, J. and MITCHELL, HENRY CLAY, Jr., Associate Judge, concur.

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