District Court of Appeal of Florida

A conviction and sentence for resisting or obstructing an officer with violence is reversed where the trial court should have granted defendant's motion for judgment of acquittal since, under the facts presented, defendant's act of getting into his truck, driving away from a consensual encounter, and hitting a police officer while driving away did not support a conviction for resisting or obstructing an officer with violence.

Appellate Information

• Decided 11/17/2006
• Published 11/17/2006

Judges

• STRINGER, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee.