C.A.T., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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C.A.T., a juvenile, was convicted of battery on a law enforcement officer after being charged with resisting arrest with violence. The appellate court reversed, holding that battery on a law enforcement officer is not a lesser included offense of resisting arrest with violence, and remanded for conviction on the proper lesser included offense of resisting arrest without violence.
Battery on a law enforcement officer is not a lesser included offense of resisting arrest with violence. The trial court erred in convicting C.A.T. of battery on a law enforcement officer. The conviction is reversed and remanded for entry of conviction for the lesser included offense of resisting arrest without violence.
[1] A conviction for battery on a law enforcement officer cannot be sustained when the defendant was charged with resisting arrest with violence, as battery on a law enforcem…
[2] A trial court may reverse a conviction and remand for entry of conviction for a lesser included offense if the elements of the charged crime were proven except for the el…
Previewing 2 of 3 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“Battery on a law enforcement officer is not a lesser included offense of resisting arrest with violence.”
This establishes the fundamental legal principle that justified reversal of the conviction.
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Join FLexlaw to unlock all legal intelligenceDeputy Jackson observed C.A.T. walking through an apartment complex where he had been issued a trespass warning. When the deputy reached out, C.A.T. s…
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WOLF, J.
Appellant, C.A.T., challenges his conviction for battery on a law enforcement officer, arguing that the trial court erred in finding him guilty of battery on a law enforcement officer when he was charged with resisting arrest with violence. We agree.
An adjudicatory hearing was held on December 19, 2001, at which deputies Scott Allday and Mark Jackson testified. Deputy Allday testified that he had issued a trespass warning to the appellant to stay away from an apartment complex; Deputy Jackson testified that in October 2001 he saw appellant walking through the apartment complex, and when he reached out, appellant slapped his hand away and ran off. Based upon the trial court’s finding that the act of slapping the officer’s hand away “didn’t sound terribly violent,” the court found the appellant “guilty of battery on a law enforcement officer as opposed to resisting an officer with violence.”
The State filed a motion for rehearing, alleging that the finding of guilt of battery on a law enforcement officer was contrary to the law because it was a separate offense from resisting arrest with violence and the petition did not allege the elements of battery on a law enforcement officer. In denying the State’s motion for rehearing, the trial court stated that “should an appeals’ court find that ... I am incorrect on that and the battery on the law enforcement officer finding cannot be sustained, the finding should be resisting an officer without violence.”
Battery on a law enforcement officer is not a lesser included offense of resisting arrest with violence. The trial court thus erred in finding appellant guilty of battery on a law enforcement officer. See State v. Henriquez, 485 So. 2d 414 (Fla.1986). It is apparent from this record, however, that the court found the State had proven all the elements of the charged crime except for the required element of violence. We, therefore, reverse the conviction and remand for entry of conviction for the lesser included offense of resisting arrest without violence. See I.T. v. State, 694 So. 2d 720 (Fla.1997).
VAN NORTWICK and POLSTON, JJ., concur.
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Citator
Cited By
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Eugenia Austin v. State, 852 So. 2d 898 (Fla. 5th DCA 2003)…avated assault and resisting an officer with violence growing out of a single episode are not barred by double jeopardy. . Battery on a law enforcement officer is not a lesser included offense of resisting arrest with violence. See C.A.T. v. State, 828 So. 2d 435 (Fla. 1st DCA 2002).…
Authorities Cited
- I.T. v. State, 694 So. 2d 720 (Fla. 1997)
- State v. Henriquez, 485 So. 2d 414 (Fla. 1986)