FRANK FOGLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that convictions for resisting arrest without violence arising from a single continuous episode of resistance constitute a double-jeopardy violation.
Appellant was convicted of two counts of resisting arrest without violence after striking an officer, fleeing, and continuing to resist when apprehend…
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BROWNING, J.
Appellant appeals his conviction and sentence on six grounds, only one of which merits discussion. Appellant was convicted on, among other charges, two counts of resisting arrest without violence. We find Appellant’s two convictions of resisting arrest without violence constitute a double-jeopardy violation and, accordingly, reverse.
After Appellant was told he was under arrest, he struck a police officer, ran away, fell, and when four officers caught him, continued to resist. Although a defendant may commit more than one offense in an altercation with police officers, he can be convicted of only one count of resisting arrest where his altercation with a number of officers was in the course of his continuous resistance to an ongoing attempt to effect his arrest. Wallace v. State, 724 So. 2d 1176 (Fla.1998); Jones v. State, 711 So. 2d 638 (Fla. 1st DCA 1998). 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. Wallace, supra; Jones, supra.
Because Appellant’s two convictions arose from a single episode, we REVERSE and REMAND for the trial court to vacate one of the convictions for resisting arrest without violence. Jones, supra; Pierce v. State, 681 So. 2d 873 (Fla. 1st DCA 1996), approved, 724 So. 2d 1176 (Fla.1998). If the reversal alters the presumptive guidelines sentencing range, Appellant should be resentenced under a corrected guidelines scoresheet. Pierce, supra. Appellant’s convictions and sentence are AFFIRMED on all other grounds.
MINER and BENTON, JJ., CONCUR.
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Cited By (11 total)
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Elliott Vasquez v. State, 778 So. 2d 1068 (Fla. 5th DCA 2001)…ether the issue was properly preserved because multiple convictions for resisting an officer without violence arising out of the same criminal episode constitute a violation of double jeopardy, even if multiple officers are involved. Fogle v. State, 754 So. 2d 878 (Fla. 1st DCA 2000); Johnson v. State, 747 So. 2d 1027 (Fla. 2d DCA 1999); Jones v. State, 711 So. 2d 633 (Fla. 1st DCA), rev. dismissed, 717 So. 2d 538 (Fla.1998). A violation of double jeopardy constitutes fundamental error which may be raised for…
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Bowden v. State, 787 So. 2d 185 (Fla. 1st DCA 2001)…ent that his two convictions for resisting the two officers with violence violates double jeopardy, we agree with the defendant that the facts in this case are not distinguishable from Wallace v. State, 724 So. 2d 1176 (Fla.1998) and Fogle v. State, 754 So. 2d 878 (Fla. 1st DCA 2000). Because the defendant’s two convictions arose from a single episode, we reverse and remand for the trial court to vacate one of the convictions for resisting arrest with violence. During the jury selection, the questions asked…
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Beazley v. State, 148 So. 3d 552 (Fla. 1st DCA 2014)…e conviction for resisting an officer. “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.” Fogle v. State, 754 So. 2d 878, 879 (Fla. 1st DCA 2000). The State concedes that only one conviction should stand, and we agree. Additionally, Beazley argues his defense counsel was ineffective for failing to move for a judgment of acquittal at the close of the State’s case on t…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- The City OF Tamarac v. State, 711 So. 2d 638 (Fla. 4th DCA 1998)
- Pope v. State, 711 So. 2d 638 (Fla. 5th DCA 1998)