LOPEZ v. STATE (2023)

District Court of Appeal of Florida, Third District.

Fenqwavious LOPEZ, Appellant, v. The STATE of Florida, Appellee.

No. 3D22-856

Decided: March 22, 2023

Before FERNANDEZ, C.J., and LOGUE, and LINDSEY, JJ.

Carlos J. Martinez, Public Defender, and Nicholas Lynch, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and Kseniya Smychkouskaya, Assistant Attorney General, for appellee.

ON CONFESSION OF ERROR

Fenqwavious Lopez appeals a final judgment of conviction and sentence rendered on April 13, 2022. The sole issue that Lopez raises on appeal is that the trial court fundamentally erred when it failed to instruct the jury on an essential element of the charge of resisting an officer without violence; that is, that the officer was engaged in the lawful execution of a legal duty at the time when Lopez allegedly resisted. In response, the State has filed a Notice of Confession of Error.

Accordingly, based on our review of the record, as well as the State's commendable confession of error, the final judgment and sentence are reversed and the cause is remanded to the trial court for further proceedings.

Reversed and remanded.

PER CURIAM.

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