D.R.E. v. State

Full title: D.R.E., a child, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: May 19, 1999

735 So. 2d 527 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-03980

Opinion filed May 19, 1999.

Appeal from the Circuit Court for Hillsborough County; Perry A. Little, Judge.

Gerald A. Perez, Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

D.R.E. appeals the trial court's order which adjudicated him delinquent for obstructing or opposing an officer without violence in violation of section 843.02, Florida Statutes (1997). We affirm.

D.R.E. argues that the State failed to prove a prima facie case of violation of section 843.02 because issuing a trespass warning is not a legal duty. However, D.R.E.'s motion for judgment of acquittal failed to properly preserve this argument for appeal. See Bertolotti v. Dugger, 514 So.2d 1095, 1096 (Fla. 1987).

Affirmed.

PARKER, C.J., and NORTHCUTT, J., and SCHEB, JOHN M. (SENIOR) JUDGE, Concur.