STATE OF FLORIDA, APPELLANT,
v.
WILLIAM STEVENSON, APPELLEE; WILLIAM STEVENSON, APPELLANT, V. STATE OF FLORIDA, APPELLEE
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The Florida District Court of Appeal reversed the trial court's sentencing of William Stevenson on a resisting arrest with violence charge, finding that the defendant should have been sentenced as a prison releasee reoffender. The court affirmed Stevenson's convictions but remanded for re-sentencing consistent with applicable sentencing enhancement statutes.
Resisting arrest with violence is a qualifying offense under the prison releasee reoffender act because it involves the use of threat or physical force or violence against an individual. Therefore, Stevenson must be re-sentenced as a prison releasee reoffender on the resisting arrest with violence charge.
[1] Resisting arrest with violence is a felony that involves the use of threat or physical force or violence against an individual and is thus a qualifying offense under the…
[2] A trial court's finding that a defendant does not qualify for sentencing as a prison releasee reoffender for resisting arrest with violence may be reversed on appeal.
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Join FLexlaw to unlock all legal intelligence“resisting arrest with violence is a felony that involves the use of threat or physical force or violence against an individual and is thus a qualifying offense under the prison releasee reoffender act”
Establishes the legal principle that resisting arrest with violence qualifies as a predicate offense for prison releasee reoffender sentencing enhancement
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Join FLexlaw to unlock all legal intelligenceWilliam Stevenson was adjudicated guilty of resisting arrest with violence and depriving an officer of his means of protection. He was sentenced to th…
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GREEN, Judge.
The state appeals the trial court’s finding that the defendant, William Stevenson, did not qualify to be sentenced as a prison releasee reoffender for resisting arrest with violence. In this consolidated appeal, William Stevenson challenges the trial court’s judgment and sentence adjudicating him guilty of resisting arrest with violence and depriving an officer of his means of protection. Stevenson was adjudicated guilty and sentenced to three years in state prison on each count to run concurrently. We affirm the convictions without discussion but reverse the sentence for resisting arrest with violence.
Stevenson concedes on appeal that the constitutionality of the prison releasee reoffender act has been upheld by the Supreme Court of Florida. See State v. Cotton, 769 So. 2d 345 (Fla.2000). He also concedes that this court has ruled, subsequent to imposition of his sentence, that resisting arrest with violence is a felony that involves the use of threat or physical force or violence against an individual and is thus a qualifying offense under the prison releasee reoffender act. See Clark v. State, 779 So. 2d 343 (Fla. 2d DCA 2000); Watson v. State, 749 So. 2d 556 (Fla. 2d DCA 2000) (holding specifically that resisting arrest with violence is a qualifying offense under the prison releasee reoffen-der act), receded from on other grounds, Matthews v. State, 774 So. 2d 1 (Fla.2d DCA 2000); § 775.082(8)(a)(1)(o), Fla. Stat. (1997). We therefore affirm the convictions but reverse the sentence for resisting arrest with violence and remand with directions to the trial court to sentence Stevenson as a prison releasee reof-fender on that charge.
Convictions affirmed; remanded for re-sentencing.
PARKER, A.C.J., and STRINGER, J„ concur.
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Citator
Cited By
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Walker v. State, 965 So. 2d 1281 (Fla. 2d DCA 2007)…DCA 2000), receded from on other grounds by Matthews v. State, 774 So. 2d 1, 3-4 (Fla. 2d DCA 2000); see also Clark v. State, 779 So. 2d 343, 344 (Fla. 2d DCA [*1284] 2000), approved on other grounds, 790 So. 2d 1030 (Fla.2001); State v. Stevenson, 779 So. 2d 549, 549 (Fla. 2d DCA 2001). With respect to this offense, we conclude that the analysis in Hearns does not compel a different result. Section 843.01 provides: Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s.…
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Green v. State, 821 So. 2d 318 (Fla. 5th DCA 2002)…PER CURIAM. AFFIRMED. See State v. Stevenson, 779 So. 2d 549 (Fla. 2d DCA 2001). THOMPSON, C.J., HARRIS and PETERSON, JJ., concur.…
Authorities Cited
- State v. Cotton, 769 So. 2d 345 (Fla. 2000)
- Jayson Watson v. State, 749 So. 2d 556 (Fla. 2d DCA 2000)
- Metro. Dade Cnty. & Officer Raymond Melcon v. Cerezo, 774 So. 2d 1 (Fla. 3d DCA 1996)
- Clark v. State, 779 So. 2d 343 (Fla. 2d DCA 2000)