Summary
rejecting defendant's argument that there was "insufficient evidence of an intent to do violence," on the ground that evidence that defendant had kicked the officer after telling the officer to let go of him was sufficient evidence of "willful resistance" rather than accidental force
Summary of this case from Green v. U.S.Opinion
Case No. 5D99-2387
Opinion filed October 20, 2000 July Term 2000
Appeal from the Circuit Court for Brevard County, Tonya Rainwater, Judge.
James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.
The police were called when, after running up a $33 bar and dinner bill, Berg was unable to pay. Berg was abusive, threatening, and resistant when the officers decided to arrest him for defrauding an innkeeper. Later, while Officer Lynch was holding Berg down for a medical check, Berg told him to let go of his legs and kicked the officer.
During deliberations, the jury asked if accidentally kicking the officer while resisting arrest would constitute doing violence to the officer. The court responded that the jury should determine that from the evidence it had heard and the court's instructions. The jury returned a verdict of guilty to resisting with violence, resisting without violence and obtaining food with intent to defraud.
Berg argues that the court's answer to the jury on its question was insufficient and that there was insufficient evidence of an intent to do violence. We find the court's response to be within its discretion. Further, we find that Berg's kicking the officer after telling him to let go of his foot was sufficient evidence of willful resistance to justify the jury's verdict.
We reject Berg's arguments relating to the Prison Releasee Reoffender Act.
AFFIRMED.
GRIFFIN and PLEUS, JJ., concur.