E.B., A JUVENILE
v.
STATE OF FLORIDA
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In this juvenile case, the Third District Court of Appeal affirmed the trial court's judgment against E.B. for unlawfully resisting an officer. The decision clarifies that to establish this offense, the State must prove the juvenile knew of the officer's intent to detain and that the officer was justified in making the stop.
The court affirmed the conviction, holding that the trial court properly denied the motion for judgment of dismissal where the State presented sufficient evidence establishing a prima facie case that E.B. committed the offense of resisting an officer. To sustain such a conviction, the State must prove that E.B. knew of the officer's intent to detain and that the officer was justified in making the stop.
[1] Surrounding circumstances, including a uniformed officer's identification and the defendant's immediate awareness of pursuit, may establish an individual's knowledge of a…
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Join FLexlaw to unlock all legal intelligence“To be guilty of unlawfully resisting an officer, an individual who flees must know of the officer's intent to detain him, and the officer must be justified in making the stop at the point when the command to stop is issued.”
Establishes the two-prong test for the offense of unlawfully resisting an officer
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceE.B., a juvenile, was charged with unlawfully resisting an officer. The trial court denied E.B.'s motion for judgment of acquittal/dismissal, finding …
The full statement of facts, procedural history, and disposition for this case are member content.
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Third District Court of Appeal
State of Florida
Opinion filed November 19, 2025.
Not final until disposition of timely filed motion for rehearing.
No. 3D25-0489
Lower Tribunal No. J24-1266
E.B., a Juvenile,
Appellant,
vs.
State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Dawn Denaro, Judge.
Carlos J. Martinez, Public Defender, and Deborah Prager, Assistant Public Defender, for appellant.
James Uthmeier, Attorney General, and Jason Michael Ross, Assistant Attorney General, for appellee.
Before SCALES, C.J., and EMAS and MILLER, JJ. PER CURIAM.
Affirmed. See C.E.L. v. State, 24 So. 3d 1181, 1186 (Fla. 2009) (“To be guilty of unlawfully resisting an officer, an individual who flees must know of the officer's intent to detain him, and the officer must be justified in making the stop at the point when the command to stop is issued.”); Perez v. State, 138 So. 3d 1098, 1101 (Fla. 1st DCA 2014) (recognizing that the surrounding circumstances can establish an individual's knowledge of a law enforcement officer's intent to detain the individual); Perry v. State, 593 So. 2d 1165, 1166-67 (Fla. 1st DCA 1992) (finding that the defendant had apparent knowledge that the police were trying to detain him where a uniformed police officer yelled out, "Police!”; whereupon the defendant looked directly at the officer and ran); T.I.J. v. State, 399 So. 3d 1128, 1131-32 (Fla. 3d DCA 2024) (observing, in a case charging a juvenile with committing the offense of resisting an officer without violence, that the trial court's denial of a motion for judgment of dismissal is proper where the State presents sufficient evidence to establish a prima facie case that the juvenile committed the offense).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- C.E.L. v. State, 24 So. 3d 1181 (Fla. 2009)
- Livingston Perry v. State, 593 So. 2d 1165 (Fla. 1st DCA 1992)
- Janiel Molina Perez v. State, 138 So. 3d 1098 (Fla. 1st DCA 2014)