C.T., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a juvenile who voluntarily corrects false information given to a police officer before significant harm occurs does not commit the offense of opposing a law enforcement officer without violence.
A juvenile gave a police officer a false name when stopped for a bicycle equipment violation. The juvenile immediately corrected the false name before…
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THOMPSON, Judge.
This is an appeal from an amended order of disposition which (1) found that appellant committed the offense of opposing a law enforcement officer without violence, and (2) continued appellant on community control. We reverse.
In 1983 the appellant, who was then only 12 years old, was found to have committed the offense of burglary of a structure, and was placed on community control. On September 15, 1984 the appellant was stopped by a Gainesville police officer because the bicycle he was riding had no headlight. When stopped, the appellant gave the officer a false name which the officer then wrote on the citation he planned to issue to the appellant. After partially filling out the citation form, the officer ran the false name appellant had given him through the police computer to check for outstanding warrants. Immediately thereafter, and while still at the scene of the initial stop, the appellant admitted his falsehood and gave the officer his true legal name. The officer then arrested appellant for opposing a law enforcement officer without violence, in violation of § 843.02, Fla.Stat. Here, as in P.P. v. State, 466 So. 2d 1140 (Fla. 3d DCA 1985), the juvenile voluntarily corrected the false information he gave the officer before any real harm was done. Although the false information given by the juvenile defendant in this case was “officially recorded” in the sense that it was written on the traffic citation the officer was preparing to issue and was run through the police computer, it was undisputed that the juvenile promptly and voluntarily recanted the false information and thus did not interfere with the officer’s performance of his duties other than by .causing a relatively insignificant loss of time.
The amended order of disposition finding that appellant committed the offense of opposing a law enforcement officer without violence (§ 843.02, Fla.Stat.) is reversed.
MILLS and SMITH, JJ., concur.
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Dewayne Fripp v. State, 766 So. 2d 252 (Fla. 4th DCA 2000)…es that he gave a false name to the officer and did not correct that falsehood until he arrived at the booking desk after his arrest, but argues that such conduct did not amount to an “obstruction” under the statute. Fripp relies upon C.T. v. State, 481 So. 2d 9 (Fla. 1st DCA 1985), but this case is distinguishable. In C.T., the defendant was stopped for riding a bicycle without a headlight. He gave a false name to the officer. After [*254] partially filling out the citation form, the officer ran the false…
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Barkley v. State, 522 So. 2d 431 (Fla. 1st DCA 1988)…doing violence to the person of the officer, shall be guilty of a misdemeanor in the first degree. ... Unlike an arrest under section 843.03, an arrest under section 843.02 may be based on the giving of false information. See, e.g., C.T. v. State, 481 So. 2d 9 (Fla. 1st DCA 1985). Since the underlying arrest was therefore valid, appellant’s argument with regard to the resisting with violence and escape charges is without merit. Second, appellant argues that the trial court erred in failing to consider th…
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In the Interest of J.H., 559 So. 2d 702 (Fla. 4th DCA 1990)…orized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor.... The appellant relies upon C.T. v. State, 481 So. 2d 9 (Fla. 1st DCA 1985). There, the court reversed a conviction of a twelve year old child on the same charge. In C.T., the juvenile, stopped for riding a bicycle without a headlight, gave a false name which the officer ran through the computer. Immedia…1 / 2
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- P.P. v. State, 466 So. 2d 1140 (Fla. 3d DCA 1985)