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Pierce v. State

District Court of Appeal of Florida, First District
Oct 22, 1996
681 So. 2d 873 (Fla. Dist. Ct. App. 1996)
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Summary

holding that only one conviction may stand where defendant resisted three officers during course of single episode or incident

Summary of this case from State v. Woods
See 6 Summaries

Opinion

No. 95-2393.

October 22, 1996.

An appeal from Circuit Court, Columbia County, John W. Peach, J.

Nancy A. Daniels, Public Defender, and Fred Parker Bingham, II, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In this direct criminal appeal, the appellant challenges convictions and sentences imposed for various offenses, including three counts of resisting an officer with violence as proscribed by section 843.01, Florida Statutes. Because this statute refers to "any" officer, and the three counts in the present case are predicated on one incident during which the appellant resisted or opposed three officers, only one conviction is permitted in connection with this single episode. See State v. Watts, 462 So.2d 813 (Fla. 1985). Two of these convictions are therefore reversed and, as it appears that this will alter the presumptive sentencing range under the Florida Rule of Criminal Procedure 3.702 guidelines, all of the appellant's sentences are vacated and the case is remanded for resentencing upon a corrected guidelines scoresheet. E.g. Stepps v. State, 675 So.2d 1008 (Fla. 1st DCA 1996). The other convictions are affirmed.

MINER, ALLEN and MICKLE, JJ., concur.

Summaries of

Pierce v. State

District Court of Appeal of Florida, First District
Oct 22, 1996
681 So. 2d 873 (Fla. Dist. Ct. App. 1996)

holding that only one conviction may stand where defendant resisted three officers during course of single episode or incident

Summary of this case from State v. Woods

holding that only one conviction may stand where defendant resisted three officers during course of single episode or incident

Summary of this case from State v. Wells

In Pierce v. State, 681 So.2d 873 (Fla. 1st DCA 1996), this court held that multiple convictions for resisting an officer with violence in violation of section 843.01, Florida Statutes, which all arose during a single incident were precluded by the double jeopardy clause because that statute prohibits resisting, obstructing or opposing "any officer."

Summary of this case from Wallace v. State

applying the Grappin/Watts test and holding that pursuant to section 843.01, Florida Statutes, which proscribes "knowingly and willfully resist[ing], obstruct[ing], or oppos[ing] any [law enforcement] officer," only one conviction was permitted notwithstanding that the defendant resisted or opposed three officers during a single incident

Summary of this case from State v. Mitchell

In Pierce v. State, 681 So.2d 873 (Fla. 1st DCA 1996), this court held that multiple convictions for resisting an officer with violence in violation of section 843.01, Florida Statutes, which all arose during a single incident were precluded by the double jeopardy clause because that statute prohibits resisting, obstructing or opposing "any officer.

Summary of this case from Hill v. State

In Pierce v. State, 681 So.2d 873 (Fla. 1st DCA 1996), this court held that only one conviction for resisting an officer with violence is permitted in connection with a single criminal episode or incident.

Summary of this case from Wells v. State
Case details for

Pierce v. State

Case Details

Full title:ARNETT FRAZIER PIERCE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 22, 1996

Citations

681 So. 2d 873 (Fla. Dist. Ct. App. 1996)

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Appellant was convicted of three counts of resisting an officer with violence and three counts of battery on…

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