IVAN FITZGERALD BAIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant raises two issues on appeal, contending that the trial court erred in denying his motion for judgment of acquittal with regard to the offense of resisting arrest without violence, and in failing to instruct the jury on attempted resisting arrest without violence and attempted battery. We find no error in the trial court’s denial of the motion for judgment of acquittal. Similarly, we hold that, under the facts of this case, the trial court was justified in refusing to give jury instructions on attempted resisting arrest without violence and attempted battery, as the only evidence presented proved completed offenses. See Pride v. State, 511 So. 2d 1068 (Fla. 1st DCA 1987); Rivera v. State, 462 So. 2d 540, 545 (Fla. 1st DCA), rev. denied, 469 So. 2d 750 (Fla.1985); Fla.R.Crim.P. 3.510.
AFFIRMED.
ERVIN, BOOTH and WENTWORTH, JJ., concur.
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Carroll v. State, 636 So. 2d 1316 (Fla. 1994)…rroll pursuant to the principles of Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). The stop was not necessarily converted into an arrest because the officer drew his gun and directed Carroll to lie on the ground. See State v. Ruiz, 526 So. 2d 170 (Fla. 3d DCA) (investigatory stop not converted into arrest even though officers with guns drawn directed defendant to lie prone on the ground), review denied, 534 So. 2d 401 (Fla.1988), cert. denied, 488 U.S. 1044, 109 S.Ct. 872, 102 L.Ed.2d 995 (1…
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Harper v. State, 532 So. 2d 1091 (Fla. 3d DCA 1988)…s person rather than an arrest requiring probable cause.3 On two recent occasions, we have considered similar questions in factual contexts which did not represent nearly so great and apparent danger to the police as the one here. See Ruiz v. State, 526 So. 2d 170 (Fla. 3d DCA 1988); State v. Lewis, 518 So. 2d 406 (Fla. 3d DCA 1988). In those cases, we held that an investigatory stop did not ripen into a custodial arrest merely because drawn guns were used, Ruiz, 526 So. 2d at 172; Lewis, 518 So. 2d at 407-08…
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Wilson v. State, 622 So. 2d 31 (Fla. 1st DCA 1993)…Citing Fla.R.Crim.P. 3.510(a), we found Pride’s argument to be without merit because the only evidence proved a completed offense. Id. at 1070. Thus, the trial court was correct in denying Pride’s requested instruction on attempt. See Bain v. State, 526 So. 2d 170 (Fla. 1st DCA 1988) (trial court was justified in refusing to give instructions on attempt where the only evidence proved a completed offense). Cf. Lunsford v. State, 426 So. 2d 1178 (Fla. 5th DCA 1983) (where the evidence unequivocally showed someo…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- General Jackson Pride v. State, 511 So. 2d 1068 (Fla. 1st DCA 1987)
- Rivera v. State, 462 So. 2d 540 (Fla. 1st DCA 1985)