Summary
vacating the defendant's conviction and sentence for resisting arrest without violence as the charges of resisting with violence and without violence “may only be seen as continuous resistance to [an officer's] ongoing attempt to remove [the defendant] from his car and arrest him.”
Summary of this case from R.J.R. v. StateOpinion
Case No. 1D02-4232.
Opinion filed December 31, 2003.
An appeal from the Circuit Court of Alachua County. Phyllis D. Kotey, Judge.
Nancy A. Daniels, Public Defender, and Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant.
Charles J. Crist, Jr., Attorney General, and Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.
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.