RAYMOND YOUNGBLOOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RAYMOND YOUNGBLOOD, APPELLANT,
STATE OF FLORIDA, APPELLEE
890 So. 2d 514
Florida District Court of Appeal, Second District (2005)
Positive Treatment
Cited by 23 cases
Opinion of the Court
PER CURIAM.
Affirmed without prejudice to any right Appellant may have to file a timely, facially sufficient motion to withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.850.
FULMER, SALCINES and SILBERMAN, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Tillman v. State, 934 So. 2d 1263 (Fla. 2006)…t with violence.” See, e.g., State v. Espinosa, 686 So. 2d 1345 (Fla.1996). However, neither the title of the statute, “Resisting an officer with violence to his or her person,” nor its explicit terms limit it to arrest scenarios. Cf. N.H. v. State, 890 So. 2d 514, 516 (Fla. 3d DCA 2005) (noting that title of section 843.02, which defines crime of resisting without violence, is “ ‘resisting [an] officer,’ not ‘resisting arrest’ ”). The facts of this case and Taylor demonstrate that section 843.01 encompasses…
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C.E.L. v. State, 24 So. 3d 1181 (Fla. 2009)…e must prove: (1) the officer was engaged in the lawful execution of a legal duty; and (2) [*1186] the defendant’s action, by his words, conduct, or a combination thereof, constituted obstruction or resistance of that lawful duty. See N.H. v. State, 890 So. 2d 514, 516-17 (Fla. 3d DCA 2005); H.H. v. State, 775 So. 2d 397, 398 (Fla. 4th DCA 2000); S.G.K. v. State, 657 So. 2d 1246, 1247 (Fla. 1st DCA 1995). To determine whether the State established the first element, whether the officer was engaged in a lawfu…
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C.W. v. State, 76 So. 3d 1093 (Fla. 3d DCA 2011)…REFUSAL TO OBEY LAW ENFORCEMENT’S LAWFUL COMMAND C.W.’s refusal to obey the lawful order to move out of the roadway clearly constituted “obstruction,” thus also satisfying the second element of section 843.02. As this Court noted in N.H. v. State, 890 So. 2d 514, 516 (Fla. 3d DCA 2005), “[section 843.02] is unambiguous. It is intended to apply to any situation where a person willfully interferes with the lawful activities of the police. Nothing indicates that it applies only when police are arresting a susp…
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