DEBORAH K. STANLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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THOMPSON, J.,
Deborah Stanley appeals her conviction and sentence for three counts of resisting a law enforcement officer with violence.1 She raises three points on appeal, only one of which merits discussion.
Stanley argues that she cannot be convicted of resisting multiple officers when her arrest arose out of a single confrontation. She is correct. Stanley was arrested after she fought with three law enforcement officers when they arrived at her mobile home to arrest her son. In Wallace v. State, 724 So. 2d 1176 (Fla.1998), the supreme court held that continuous resistance to an ongoing attempt to effect an arrest is but a single instance of obstruction. We affirm a single conviction for resisting a law enforcement officer; we reverse two of her convictions and remand with directions that they be vacated.
One conviction is AFFIRMED and two convictions are REVERSED and REMANDED with directions.
HARRIS and ANTOON, JJ., concur. . § 843.01, Fla. Stat. (1997).
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Elliott Vasquez v. State, 778 So. 2d 1068 (Fla. 5th DCA 2001)…convicted of only one count of [*1070] resisting even where several officers are involved in the effort to arrest him. See also Davis v. State, 774 So. 2d 862 (Fla. 3d DCA 2000); Damien v. State, 743 So. 2d 611 (Fla. 5th DCA 1999); Stanley v. State, 733 So. 2d 559 (Fla. 5th DCA 1999). Thus the issue presented in these proceedings is whether the standard established in Wallace requires that Vasquez be convicted of only one charge of resisting. The State contends, however, that Vasquez did not properly preserv…
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Madison v. State, 777 So. 2d 1175 (Fla. 5th DCA 2001)…endant’s arrest constitutes a single instance of resisting an officer under section 843.01, Florida Statutes (1999). See Damien v. State, 743 So. 2d 611, 612 (Fla. 5th DCA 1999) (citing Wallace v. State, 724 So. 2d 1176 (Fla.1998); Stanley v. State, 733 So. 2d 559, 559 (Fla. 5th DCA 1999)). Multiple convictions on multiple counts of resisting arrest without violence arising out of a single episode, even if more than one officer is involved, constitute a double-jeopardy violation. See Fogle v. State, 754 So. 2…
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Damien v. State, 743 So. 2d 611 (Fla. 5th DCA 1999)…ant’s continuous resistance to an ongoing attempt to effect his arrest will support only one count of resisting even where several officers are involved in the effort to arrest him. See Wallace v. State, 724 So. 2d 1176 (Fla.1998); Stanley v. State, 733 So. 2d 559 (Fla. 5th DCA 1999). The defendant’s misdemeanor conviction for resisting an officer without violence is therefore vacated. See State v. Barton, 523 So. 2d 152 (Fla.1988). We additionally conclude that the trial court erred in applying the Prison R…
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- Castro v. State, 389 So. 3d 633 (Fla. 3d DCA 2025)