LESMOND MORRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Resisting Arrest With Violence cases and more on FLexlaw
PER CURIAM.
Appellant raises numerous issues in his appeal from convictions and sentences imposed for two counts of resisting the arrest of an officer with violence, proscribed by section 843.01, Florida Statutes (1995). We affirm all issues, except that relating to his contention that the lower court erred in imposing multiple convictions for the two offenses in that both convictions arose from a single episode. See Jones v. State, 711 So. 2d 633 (Fla. 1st DCA 1998); Wells v. State, 731 So. 2d 680 (Fla. 1st DCA 1997), review granted, 705 So. 2d 10 (Fla.1997); Pierce v. State, 681 So. 2d 873 (Fla. 1st DCA 1996). Contra Wallace v. State, 689 So. 2d 1159 (Fla. 4th DCA), review granted, 699 So. 2d 1377 (Fla.1997). Accordingly, we reverse and remand with directions that one of appellant’s convictions for resisting arrest with violence be vacated.
ERVIN, ALLEN and MICKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (19 total)
-
State v. Ortiz, 766 So. 2d 1137 (Fla. 3d DCA 2000)…ndant.” State v. Kalogeropolous, 758 So. 2d 110, 111 (Fla.2000). A motion to dismiss [*1142] in a criminal case is analogous to a motion made for summary judgment in civil cases, and as such “[b]oth should be granted sparingly.” State v. Bonebright, 742 So. 2d 290, 291 (Fla. 1st DCA 1998); Kalogeropolous, 758 So. 2d at 111. See also State v. McQuay, 403 So. 2d 566, 567-68 (Fla. 3d DCA 1981) (stating that “[a] motion to dismiss should be granted only where the most favorable construction to the state would not…
-
Bretherick v. State, 170 So. 3d 766 (Fla. 2015)…ion of factual disputes, leaving those matters to the finder of fact at a trial. A rule 3.190(c)(4) motion to dismiss is similar to a motion for summary judgment in a civil case, and as such “[b]oth should be granted sparingly.” State v. Bonebright, 742 So. 2d 290, 291 (Fla. 1st DCA 1998); see State v. Kalogeropolous, 758 So. 2d 110, 111 (Fla.2000). Yet, forcing disputed immunity claims to trial undercuts the concept of immunity adopted by the legislature. Rule 3.190 allows for contested hearings on motions…
-
State v. Lebron, 954 So. 2d 52 (Fla. 5th DCA 2007)…e Brinkley v. State, 874 So. 2d 1199 (Fla. 5th DCA 2004); State v. Patel, 453 So. 2d 218 (Fla. 5th DCA 1984). It does not have to show guilt beyond a reasonable doubt, nor produce evidence sufficient to sustain a conviction. See State v. Bonebright, 742 So. 2d 290 (Fla. 1st DCA 1998). Given this rather low bar, we conclude that the trial court erred in granting the motion. The State traversed the motion with specific evidence that Ms. Lebrón had operated her automobile at an excessive rate of speed at a time…
Previewing 3 of 19 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tammi Jones v. Yellow CAB OF Pensacola Inc., 681 So. 2d 873 (Fla. 1st DCA 1996)
- Jones v. State, 711 So. 2d 633 (Fla. 1st DCA 1998)
- Wells v. State, 731 So. 2d 680 (Fla. 1st DCA 1997)
- Wallace v. State, 689 So. 2d 1159 (Fla. 4th DCA 1997)