Florida District Courts of Appeal, 2003

Andrew v. State

Florida District Courts of Appeal · Decided December 31, 2003 · Kahn, Nortwick, Webster

861 So. 2d 528; 2003 Fla. App. LEXIS 19794; 2003 WL 23094778 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

R.J.R. v. State (Fla. Dist. Ct. App. 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Appellant Adrian Andrew was improperly convicted of both resisting an officer without violence and resisting an officer with violence. The charges of resisting Officer Weiland with and without violence may only be seen as a continuous resistance to Officer Weiland’s ongoing attempt to remove appellant from his car and arrest him. Therefore, appellant may only be convicted of resisting with violence. See e.g. Wallace v. State, 724 So.2d 1176 (Fla. 1998); Jones v. State, 764 So.2d 659 (Fla. 1st DCA 2000). We VACATE the conviction and sentence for resisting without violence.

KAHN, WEBSTER and VAN NORTWICK, JJ., concur.

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