Opinion
No. 4-86-1215.
March 11, 1987. Rehearing Denied April 1, 1987.
Appeal from the Circuit Court, Palm Beach County, Don T. Adams, J.
Richard L. Jorandby, Public Defender, and Thomas F. Ball, III, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Robert S. Jaegers, Asst. Atty. Gen., West Palm Beach, for appellee.
Affirmed. We believe the evidence sufficient to sustain appellant's conviction of participating in a riot contrary to the provisions of section 870.01(2), Florida Statutes (1985). Appellant was shown to be part of a large and threatening crowd which had gathered at the scene of an altercation between the police and a smaller group of people and had refused police orders to disperse. In addition, appellant was shown to be armed with a fence post which he swung at a police dog as the leashed dog and an officer approached to disperse the crowd.
DOWNEY, ANSTEAD and DELL, JJ., concur.