WILLIE E. LELAND, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
The order revoking the defendant’s probation, which is under review by this appeal, is reversed and the cause is remanded to the trial court with directions to restore the defendant to the probationary term previously imposed upon a holding that: (a) a person does not commit the misdemeanor offense of obstruction by a disguised person [§ 843.03, Fla.Stat. (1979)], by the sole act of giving, as here, a false name to a police officer upon being stopped by said officer, and (b) a person’s probation may not be revoked for violating the above statute, as here, based on such conduct. D. G. v. State, 375 So. 2d 868 (Fla.2d DCA 1979); Hartley v. State, 372 So. 2d 1180 (Fla.2d DCA 1979).
Reversed and remanded.
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Barkley v. State, 522 So. 2d 431 (Fla. 1st DCA 1988)…titute a violation of section 843.03 and, therefore, that his convictions for resisting arrest and escape were likewise unlawful. In support of this argument, appellant cites Hartley v. State, 372 So. 2d 1180 (Fla. 2d DCA 1979), and Leland v. State, 386 So. 2d 622 (Fla. 3d DCA 1980). Although the Hartley and Leland cases hold that the giving of a false name and birthdate do not constitute an obstruction of justice by “disguise” under section 843.-03, Florida Statutes (1977), the initial arrest in the instant…
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Alexander v. State, 418 So. 2d 432 (Fla. 3d DCA 1982)…dant to question him about the robbery. At that time, the defendant stated that his name was Anthony Lee Alexander. The officer later discovered that the defendant’s real name was Robert Lee Alexander. [*434] The defendant points to Leland v. State, 386 So. 2d 622 (Fla.3d DCA 1980) where we held that the giving of a false name to a police officer, standing alone, does not constitute a violation of Section 843.03, Florida Statutes (1979). The state correctly distinguishes the prosecution under the present stat…
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Diaz-Gonzalez v. State, 932 So. 2d 528 (Fla. 3d DCA 2006)…ount. The evidence supporting this charge established that defendant gave the police officer a false name and date upon his apprehension. Such evidence, without more, is insufficient to support a conviction as a matter of law. E.g., Leland v. State, 386 So. 2d 622, 622 (Fla. 3d DCA 1980)(holding that “a person does not commit the misdemeanor offense of obstruction by a disguised person by the sole act of giving, as here, a false name to a police officer upon being stopped by said officer”)(internal citations…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Carroll W. Tharp, Jr., 372 So. 2d 1180 (Fla. 2d DCA 1979)
- Hartley v. State, 372 So. 2d 1180 (Fla. 2d DCA 1979)
- D. G. v. State, 375 So. 2d 868 (Fla. 2d DCA 1979)