DION JERMAINE CASEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the convictions but reversed the sentencing because the trial court failed to make written findings as required by statute.
Appellant was convicted of obstructing and battery on a law enforcement officer. He appealed his convictions and his sentencing as an adult to a Youth…
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PER CURIAM.
We review the appellant’s convictions for one count of obstructing or opposing a law enforcement officer and one count of battery on a law enforcement officer. He also appeals his sentencing as an adult to a Youthful Offender Program. We agree with only part of his claims.
The appellant attacks his convictions on the basis that the trial court denied him an instruction on self-defense. The appellant was entitled to such instruction if there were evidence presented at trial showing the police used excessive force in trying to arrest him. See Jackson v. State, 463 So. 2d 372 (Fla. 5th DCA 1985), review denied, 482 So. 2d 345 (Fla.1986), and Williams v. State, 597 So. 2d 377 (Fla. 2d DCA 1992). The transcript of trial shows only that the arresting officer used enough force to subdue the appellant who tried to free himself from the officer’s grasp, resisted getting into the car as requested, and flailed about once in the car so that the officer was afraid the appellant would cause himself injury. We see no error in this issue and affirm the trial court’s denial of the jury instruction on self-defense.
The appellant also claims it was error for the trial court to sentence him as an adult without reducing its oral findings to writing as required by section 39.059(7), Florida Statutes (1993), Troutman v. State, 630 So. 2d 528 (Fla.1993), and Thompson v. State, 638 So. 2d 614 (Fla. 2d DCA 1994) (statutory written findings required even though defendant a juvenile at time of offense but adult at time of sentencing). The state concedes that this was error. We affirm the convictions but reverse for resentencing in accord with section 39.059(7) and Troutman.
DANAHY, A.C.J., and SCHOONOVER and FULMER, JJ., concur.
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Wilton James Langston v. State, 789 So. 2d 1024 (Fla. 1st DCA 2001)…idence of “substantial character” that Appellant had acted in self-defense. The State asserted that the defense had offered nothing more than a bare allegation by a witness that excessive force was used in arresting Appellant. Citing Casey v. State, 651 So. 2d 1230 (Fla. 2d DCA 1995), and noting the defense’s objection, the trial court refused to instruct the jury on Appellant’s theory of defense on the charge of resisting with violence. The rationale behind the Gardner line of decisions is that once any tria…
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Adkins v. State, 736 So. 2d 719 (Fla. 2d DCA 1999)…court’s attention to his remarks concerning law enforcement’s use of excessive force, and his belief that police officers were more credible. Adkins’s theory was that he acted in self defense when the officer attacked him first. See Casey v. State, 651 So. 2d 1230 (Fla. 2d DCA 1995). Stedke’s comments implied that he could not accept such a defense. In Ferguson v. State, 693 So. 2d 596, 597 (Fla. 2d DCA 1997), we explained that when veni-repersons indicate an aversion to a potential defense, reasonable doubt…
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Caldwell v. State, 803 So. 2d 839 (Fla. 2d DCA 2001)…battery on a law enforcement officer, a court may instruct the jury on the accused’s justifiable use of force only if the evidence establishes that the police used excessive force. See id.; State v. Holley, 480 So. 2d 94 (Fla.1985); Casey v. State, 651 So. 2d 1230 (Fla. 2d DCA 1995). The evidence here simply did not show the officers used excessive force in restraining Caldwell. Caldwell admitted he endeavored to get away from the two police officers as soon as they tried to handcuff him. When the cuffs malfu…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Troutman v. State, 630 So. 2d 528 (Fla. 1993)
- Edler v. State, 630 So. 2d 528 (Fla. 1993)
- Jackson v. State, 463 So. 2d 372 (Fla. 5th DCA 1985)
- State v. Jackson, 482 So. 2d 345 (Fla. 1986)
- Williams v. State, 597 So. 2d 377 (Fla. 2d DCA 1992)
- Thompson v. State, 638 So. 2d 614 (Fla. 2d DCA 1994)