DAVID MICHAEL MEEKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Lawful Performance Of Duties cases and more on FLexlaw
PER CURIAM.
Meeks appeals his conviction of battery on a law enforcement officer and sentence of six months to three years. Appellant alleges that the trial court erred in denying the motion to dismiss the information on the grounds that the officers were not in the lawful performance of their duties at the time of the offense. § 784.07, Fla.Stat. (1977). The batteries occurred while the officers were executing an allegedly illegal misdemeanor warrant. However, just as the appellant is not justified in using force to resist an unlawful arrest pursuant to Sections 843.01 and 776.051(1), Floridá Statutes (1977), neither is he justified in committing a battery to resist an unlawful arrest pursuant to Section 784.07, Florida Statutes (1977). See Lowery v. State, 356 So. 2d 1325 (Fla. 4th DCA 1978). Under these unique facts, Sections 784.07 and 843.-01 overlap in their application and the appellant was properly chargeable under either statute. Accordingly, the judgment is AFFIRMED.
MILLS, Acting C. J., ERVIN, J., and MASON, ERNEST E., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
-
Ivester v. State, 398 So. 2d 926 (Fla. 1st DCA 1981)…843.01, Florida Statutes, in pari materia with Section 776.-’ 051(1), Florida Statutes (1974). It was concluded that one may not resist arrest with violence, even if the arrest is technically illegal. Lowery, supra, at 1326; see also Meeks v. State, 369 So. 2d 109 (Fla. 1st DCA 1979); Morley v. State, 362 So. 2d 1013 (Fla. 1st DCA 1978). The Lowery court specifically left open the question of a defendant’s right to use force in self-defense pursuant to Section 776.012, Florida Statutes (1979), which states i…
-
Clauson Conway Taylor v. State, 740 So. 2d 89 (Fla. 1st DCA 1999)…v. State, 526 So. 2d 82 (Fla. 4th DCA 1987). Likewise, the state is not required to prove that the officer was engaged in a lawful duty if the defendant has committed a battery on the officer in the course of resisting an arrest. See Meeks v. State, 369 So. 2d 109 (Fla. 1st DCA 1979); State v. Johnson, 382 So. 2d 866 (Fla. 2d DCA 1980). In either case, if the officer reasonably believed that the arrest was lawful, the defendant is not justified in using force. As previously explained, however, this principle…
-
Jones v. State, 570 So. 2d 433 (Fla. 5th DCA 1990)…anor not committed in officer’s presence, conviction upheld because courtroom is proper place to contest arrest rather than street). See also K.G. v. State, 338 So. 2d 72 (Fla. 3d DCA 1976), cert. den., 352 So. 2d 172 (Fla.1977). In Meeks v. State, 369 So. 2d 109 (Fla. 1st DCA 1979), the district court, citing to section 784.07, Florida Statutes [reclassifies offense when person knowingly commits battery upon a law enforcement officer while the officer is engaged in the lawful performance of his duties] held…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lowery v. State, 356 So. 2d 1325 (Fla. 4th DCA 1978)