STATE OF FLORIDA, APPELLANT,
v.
JOHN COCHRAN, APPELLEE
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The State of Florida appealed a trial court's post-verdict order that granted the defendant's motion for judgment of acquittal on battery on a law enforcement officer charge and reduced the guilty verdict to simple battery. The court reversed, holding that an unlawful arrest does not justify a suspect's battery of a law enforcement officer.
The State may appeal an order granting judgment of acquittal under Florida Statutes § 924.07(1)(j). An unlawful arrest does not justify or bar conviction for battery on a law enforcement officer; a suspect is not justified in committing battery even if in custody pursuant to an unlawful arrest.
[1] The state may appeal a trial court's order granting a motion for judgment of acquittal after a jury verdict.
[2] A suspect is not justified in committing a battery on a law enforcement officer, even if the suspect is in custody pursuant to an unlawful arrest.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Pursuant to section 924.07(1)(j), Florida Statutes (1993), the state may appeal a ruling granting a motion for judgment of acquittal after a jury verdict.”
Establishes the State's appellate authority to challenge the judgment of acquittal order.
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Join FLexlaw to unlock all legal intelligenceCochran was arrested on a separate charge and, while at the police station as officers were processing paperwork related to his arrest, he battered a …
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PER CURIAM.
The State of Florida challenges a post-verdict order granting John Cochran’s motion for judgment of acquittal on the charge of battery on a law enforcement officer, reducing the verdict of guilty as charged to the lesser offense of battery. We reverse.
The incident giving rise to Cochran’s charge for battery on a law enforcement officer occurred at the police station while officers were trying to fill out paperwork pursuant to Cochran’s arrest on a separate charge. At Cochran’s trial, he made a motion for judgment of acquittal at the close of the state’s case and at the close of all the evidence. Cochran argued that his original arrest was unlawful, and therefore, all of the elements of battery on a law enforcement officer were not proven because the officer he battered was not engaged in the lawful performance of his duties. The trial court reserved ruling on the motion, and the jury found Cochran guilty as charged. Thereafter, the trial court granted Cochran’s motion on the charge of battery on a law enforcement officer, reducing the verdict to misdemeanor battery.
First, Cochran argues that the state may not appeal the trial court’s order granting the motion for judgment of acquittal. We disagree. Pursuant to section 924.07(1)(j), Florida Statutes (1993), the state may appeal a ruling granting a motion for judgment of acquittal after a jury verdict. See also State v. Smith, 601 So. 2d 268 (Fla. 1st DCA), review denied, 605 So. 2d 1266 (Fla.1992).
Second, for purposes of this appeal, we accept the trial court’s determination that Cochran’s initial arrest was unlawful. However, a suspect is not justified in committing a battery on a law enforcement officer, even if the suspect is in custody pursuant to an unlawful arrest. State v. Freeney, 613 So. 2d 523 (Fla. 2d DCA), review denied, 621 So. 2d 1065 (Fla.1993); Morley v. State, 362 So. 2d 1013 (Fla. 1st DCA 1978). Consequently, the illegality of Cochran’s initial arrest does not bar his conviction for battery on a law enforcement officer. Accordingly, we reverse the trial court’s order granting the judgment of acquittal and remand to the trial court for further proceedings. On remand, the trial court is directed to enter a judgment in accordance with the jury’s verdict and to sentence Cochran in accordance with that verdict.
THREADGILL, C.J., and PARKER and WHATLEY, JJ., concur.
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Citator
Cited By
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State v. Solomon, 830 So. 2d 245 (Fla. 4th DCA 2002)…arch is within the lawful duties of the law enforcement officer in question, we hereby reverse the post trial grant of a judgment of acquittal and remand for the reinstatement of the jury verdict and.the imposition of sentence. See State v. Cochran, 667 So. 2d 850 (Fla. 2d DCA 1996) (detainee not justified in committing battery on law enforcement officer even where detention is invalid). FARMER, KLEIN and STEVENSON, JJ., concur.…
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Hudson v. State, 711 So. 2d 244 (Fla. 1st DCA 1998)…95), confers authority on the state to take an appeal in the present case. In doing so, we look to decisions of sister courts allowing the state to “appeal a ruling granting a motion for judgment of acquittal after a jury verdict,” State v. Cochran, 667 So. 2d 850, 851 (Fla. 2d DCA 1996), while refusing to allow the state to appeal where “there was no verdict.” State v. Fudge, 645 So. 2d 23, 24 (Fla. 2d DCA 1994) (dismissing appeal where there was no verdict “because the jury deadlocked”). Subsection (l)(d) a…
Authorities Cited
- Morley v. State, 362 So. 2d 1013 (Fla. 1st DCA 1978)
- State v. Freeney, 613 So. 2d 523 (Fla. 2d DCA 1993)
- Carroll v. State, 601 So. 2d 268 (Fla. 3d DCA 1992)