GREGORY GEORGE GRANT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GREGORY GEORGE GRANT, APPELLANT,
STATE OF FLORIDA, APPELLEE
366 So. 2d 843
Florida District Court of Appeal, First District (1979)
Caution
Cited by 5 cases
Opinion of the Court
PER CURIAM.
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sherwin James Miller v. State, 636 So. 2d 144 (Fla. 1st DCA 1994)…erred in failing to grant judgment of acquittal pertaining to count four of the information, charging appellant with unlawfully resisting arrest. In so concluding, I am unable to distinguish the facts in the case at bar from those in Grant v. State, 366 So. 2d 843 (Fla. 1st DCA 1979), in which the record revealed that the defendant’s violent acts occurred long after he had been arrested and peacefully placed in the back seat of a patrol car, leading this court to conclude that, on such evidence, defendant cou…1 / 2
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Vlahovich v. State, 757 So. 2d 1219 (Fla. 2d DCA 2000)…convicted of resisting with violence under section 843.01, Florida Statutes (1997), because he was already in custody at the time that he resisted with violence, that is not the law. The case he cites in support of that proposition, Grant v. State, 366 So. 2d 843 (Fla. 1st DCA 1979), has been clarified by another case, Miller v. State, 636 So. 2d 144 (Fla. 1st DCA 1994), where the court held that if the underlying arrest is valid, as it was here, a struggle following arrest is an attempt to interfere with an…
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Ali A. Mirzataheri v. FM E. Developers, LLC, 193 So. 3d 19 (Fla. 3d DCA 2016)…2] two witnesses are required to obtain specific performance of a homestead); Bowers v. Medina, 418 So. 2d 1068, 1069 (Fla. 3d DCA 1982) (affirming judgment ordering specific performance of a contract to sell residential home); Carroll v. Dougherty, 366 So. 2d 843, 843-46 (Fla. 2d DCA 1978) (affirming .. summary judgment granted in favor of the purchasers who brought suit for specific performance of a contract for sale of sellers’ homestead, and holding “that contracts to convey homestead realty fall into the…
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- English v. State, 293 So. 2d 105 (Fla. 1st DCA 1974)