MARK KAIGLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARK KAIGLER, APPELLANT,
STATE OF FLORIDA, APPELLEE
947 So. 2d 671
Florida District Court of Appeal, Second District (2007)
Positive Treatment
Cited by 4 cases
Opinion of the Court
On Remand from the Supreme Court of Florida
PER CURIAM.
This case is before us on remand following the decision of the Florida Supreme Court in Kaigler v. State, 944 So. 2d 340 (Fla.2006), quashing and remanding the decision of this court in this case, Kaigler v. State, 913 So. 2d 1254 (Fla. 2d DCA 2005). Pursuant to the holding in Tillman v. State, 934 So. 2d 1263 (Fla.2006), we reverse Kaigler’s convictions, for resisting an officer without violence and battery on a law enforcement officer and direct the trial court to grant Kaigler’s motion to dismiss as to these charges.
Reversed and remanded.
FULMER, C.J., and WHATLEY and CANADY, JJ„ Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Awilda Rodriguez v. State, 964 So. 2d 833 (Fla. 2d DCA 2007)…during which a suspect allegedly commits resisting with violence and battery of a law enforcement officer causes a failure of the [lawful execution] elements” of sections 784.07(2) and 843.01), quashed, 944 So. 2d 340 (Fla.2006), opinion on remand, 947 So. 2d 671 (Fla. 2d DCA 2007). But after Mrs. Rodriguez’s conviction and the commencement of this appeal, the Florida Supreme Court rejected the proposition that section 776.051(1) extended beyond an arrest situation to other types of police-citizen encounters…
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Smith v. State, 993 So. 2d 981 (Fla. 2d DCA 2007)…29, 2007) (citing Lang v. State, 826 So. 2d 433, 435 (Fla. 2d DCA 2002); Nesmith v. State, 616 So. 2d 170, 171-72 (Fla. 2d DCA 1993); Kaigler v. State, 913 So. 2d 1254, 1255 (Fla. 2d DCA 2005), quashed, 944 So. 2d 340 (Fla.2006), opinion on remand, 947 So. 2d 671 (Fla. 2d DCA 2007)). However, while this case was pending on appeal, the Florida Supreme Court decided Tillman v. State, 934 So. 2d 1263 (Fla.2006), which clarifies the law applicable to this case. Under Tillman, if an officer is not engaged in the…
Authorities Cited
- Tillman v. State, 934 So. 2d 1263 (Fla. 2006)
- Kaigler v. State, 913 So. 2d 1254 (Fla. 2d DCA 2005)
- Houlihan's Rests., Inc. v. Apac-Florida, Inc., 944 So. 2d 340 (Fla. 2006)