T.R.H., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Battery On A Law Enforcement Officer cases and more on FLexlaw
GOSHORN, Chief Judge.
T.R.H. appeals from the order withholding adjudication of guilt and placing him on community control after the court found him guilty of battery on a law enforcement officer and resisting or obstructing an officer with violence. Because the facts do not support the battery conviction, we reverse in part and affirm in part.
In this case, the officer, who was attempting to break up a fight on a school bus, testified that T.R.H. unintentionally struck her once on the bus and intentionally struck her several times outside of the bus. Nonetheless, the record supports the trial judge’s finding that it was physically impossible for T.R.H. to have hit the officer outside of the bus. As a matter of law, without an intentional touching, T.R.H. could not have committed a battery on the officer. § 784.03(l)(a), Fla.Stat. (1991). Therefore, we reverse that part of the order finding T.R.H. guilty of battery.
The statements of three witnesses offered to the trial court by T.R.H. in support of his motion for extraordinary relief, pursuant to Florida Rule of Juvenile Procedure 8.250,1 do not support a reversal of the charge for obstructing an officer with violence, and thus, we affirm that finding.
AFFIRMED in part; REVERSED in part; REMANDED.
DAUKSCH, J., concurs.
GRIFFIN, J., dissents with opinion.
. The Rule was renumbered 8.140 effective July l, 1991.
GRIFFIN, Judge,
dissenting.
I respectfully dissent from the portion of the opinion that reverses the conviction of battery on a law enforcement officer. In my view the trial court’s ruling was correct for the reason he stated on the record.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
S.D.W. v. State, 746 So. 2d 1232 (Fla. 1st DCA 1999)…t struggled to free herself from Mr. Thomas. Ms. Murray also testified that when she told appellant that appellant had kicked her, appellant instantly stopped kicking. The circumstances of this case are analogous to the situation in T.R.H. v. State, 605 So. 2d 992 (Fla. 5th DCA), review dismissed, 613 So. 2d 12 (Fla.1992). In T.R.H., an officer was attempting to break up a fight on a school bus. The officer testified that T.R.H. unintentionally struck her once on the bus. The court reversed the finding that T…