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Stanley v. State

District Court of Appeal of Florida, Fifth District
Apr 23, 1999
733 So. 2d 559 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-3360

Opinion filed April 23, 1999.

Appeal from the Circuit Court for Marion County, Carven D. Angel, Judge.

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.


Deborah Stanley appeals her conviction and sentence for three counts of resisting a law enforcement officer with violence. She raises three points on appeal, only one of which merits discussion.

Stanley argues that she cannot be convicted of resisting multiple officers when her arrest arose out of a single confrontation. She is correct. Stanley was arrested after she fought with three law enforcement officers when they arrived at her mobile home to arrest her son. In Wallace v. State, 724 So.2d 1176 (Fla. 1998), the supreme court held that continuous resistance to an ongoing attempt to effect an arrest is but a single instance of obstruction. We affirm a single conviction for resisting a law enforcement officer; we reverse two of her convictions and remand with directions that they be vacated.

One conviction is AFFIRMED and two convictions are REVERSED and REMANDED with directions.

HARRIS, and ANTOON, JJ., concur.


Summaries of

Stanley v. State

District Court of Appeal of Florida, Fifth District
Apr 23, 1999
733 So. 2d 559 (Fla. Dist. Ct. App. 1999)
Case details for

Stanley v. State

Case Details

Full title:DEBORAH K. STANLEY, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 23, 1999

Citations

733 So. 2d 559 (Fla. Dist. Ct. App. 1999)

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