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State v. Giddens

District Court of Appeal of Florida, Fifth District
Mar 4, 1994
633 So. 2d 503 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-232.

March 4, 1994.

Appeal from the Circuit Court, Brevard County, Harry Stein, J.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robin Compton Jones, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellee.


We reverse the trial court's order entering a judgment of acquittal notwithstanding the jury verdict, which found the defendant guilty of the offense of resisting an officer with violence. See § 843.01, Fla. Stat. (1991). The trial court entered the order based on its post-trial finding that the officer's stop and detention of the defendant was illegal.

We conclude that this was error because the defendant was not privileged to use force against the law enforcement officer even if the officer was attempting to effect an illegal arrest. State v. Gilchrist, 458 So.2d 1200, 1201 (Fla. 5th DCA 1984); § 776.051(1), Fla. Stat. (1991). See also Jones v. State, 570 So.2d 433 (Fla. 5th DCA 1990) (affirming defendant's conviction for battery on law enforcement officer even though officer's initial stop and detention of defendant was illegal).

Accordingly, we reverse the trial court's order and remand this cause for reinstatement of the jury verdict and for sentencing.

REVERSED and REMANDED.

W. SHARP and PETERSON, JJ., concur.


Summaries of

State v. Giddens

District Court of Appeal of Florida, Fifth District
Mar 4, 1994
633 So. 2d 503 (Fla. Dist. Ct. App. 1994)
Case details for

State v. Giddens

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. ROBERT NMN GIDDENS, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Mar 4, 1994

Citations

633 So. 2d 503 (Fla. Dist. Ct. App. 1994)

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