District Court of Appeal of Florida
D.A.W. v. State of Florida, 2D05-1499
An order withholding adjudication of delinquency for obstructing an officer without violence is reversed where the trial court erred in denying juvenile's motion for judgment of dismissal because the state presented no competent, substantial evidence to support a finding that defendant opposed or obstructed an officer because his conduct was verbal harassment that, while understandably annoying to any reasonable police officer, did not rise to the level of obstruction necessary to permit a conviction that is not violative of First Amendment principles.
Appellate Information
- Decided 12/27/2006
- Published 12/27/2006
Judges
- ALTENBERND, Judge.
Court
- District Court of Appeal of Florida
Counsel
- For Appellant:
- James Marion Moorman, Public Defender, and Lisa Lott, Assistant Public Defender, Bartow, for Appellant.
- For Appellees:
- Charles J. Crist, Jr., Attorney General, Tallahassee, and Tonja Rene Vickers, Assistant Attorney General, Tampa, for Appellee.