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Grant v. State

District Court of Appeal of Florida, First District
Jan 30, 1979
366 So. 2d 843 (Fla. Dist. Ct. App. 1979)

Summary

holding that defendant could not be guilty of resisting arrest with violence where violence erupted well after he had peaceably been placed in the back seat of a patrol car

Summary of this case from Perry v. State

Opinion

No. KK-395.

January 30, 1979.

Appeal from the Circuit Court, Columbia County, Wallace M. Jopling, J.

William R. Slaughter, II of Slaughter Slaughter, Live Oak, for appellant.

Robert L. Shevin, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee.


Appellant seeks review of his judgment and sentence for resisting arrest with violence. The stipulated record reveals that appellant's violent activities occurred well after he had been arrested (for a no-longer existent crime) and peacefully placed in the back seat of a patrol car. Whatever other offenses he may have been guilty of subsequently, we cannot on the record presented find that appellant was guilty of resisting arrest with violence. See English v. State, 293 So.2d 105 (Fla. 1st DCA 1974).

REVERSED.

MILLS, Acting C.J., SMITH, J. and MITCHELL, HENRY CLAY, Jr., Associate Judge, concur.


Summaries of

Grant v. State

District Court of Appeal of Florida, First District
Jan 30, 1979
366 So. 2d 843 (Fla. Dist. Ct. App. 1979)

holding that defendant could not be guilty of resisting arrest with violence where violence erupted well after he had peaceably been placed in the back seat of a patrol car

Summary of this case from Perry v. State

In Grant, the stipulated record revealed the defendant's violent activities occurred well after he had been arrested for a no-longer existing crime.

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

Grant v. State

Case Details

Full title:GREGORY GEORGE GRANT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jan 30, 1979

Citations

366 So. 2d 843 (Fla. Dist. Ct. App. 1979)

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