D.A.R., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In this juvenile delinquency appeal, the Fourth District Court of Appeal reversed the adjudication for resisting an officer without violence because the charges for resisting an officer with violence and resisting an officer without violence arose from a single continuous episode, violating double jeopardy principles. The court ordered vacation of the adjudication for resisting without violence while maintaining the adjudication for resisting with violence.
A juvenile cannot be adjudicated delinquent for both resisting arrest with violence and resisting arrest without violence when the conduct constitutes a single continuous resistance to the ongoing attempt to effect arrest. The charges violate double jeopardy principles and the adjudication for resisting an officer without violence must be vacated.
[1] Adjudications of delinquency for resisting an officer with violence and resisting an officer without violence arising from a single continuous episode violate double jeop…
[2] A continuous resistance to an ongoing attempt to effect a defendant's arrest constitutes a single instance of resisting an officer.
Previewing 2 of 2 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“a continuous resistance to the ongoing attempt to effect a defendant's arrest constitutes a single instance of resisting an officer”
Establishes the legal standard that multiple resisting charges from a single continuous episode violate double jeopardy
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceD.A.R., a minor, was charged with multiple offenses following a police traffic stop. Deputy Piatchek ordered the appellant back into his vehicle, but …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Resisting An Officer With Violence cases and more on FLexlaw
The appellant, D.A.R., a child, appeals his Adjudication of Delinquency and Disposition. He was charged by way of a juvenile petition with resisting an officer without violence (Count I), battery on a police officer (Count II), resisting an officer with violence (Count III), possession of marijuana less than twenty grams (Count IV), and giving a false name upon being arrested or detained (Count V)- The appellant argues, and the State concedes, that his adjudications of delinquency for resisting an officer with violence and resisting an officer without violence arose out of a single continuous episode and, therefore, violate double jeopardy. See Goodman v. State, 801 So.2d 1012, 1014 (Fla. 4th DCA 2001). We agree and reverse his adjudication for resisting an officer without violence and remand with directions to vacate this adjudication.
At trial, Deputy Joseph Piatchek testified that he made a traffic stop on a vehicle with darkly-tinted windows. Once the vehicle stopped, Piatchek got out of his patrol car and saw the appellant exit the vehicle. Piatchek told the appellant to get back into the vehicle, but the appellant ignored the command and took off running. During the chase, Piatchek ordered the appellant to stop running, but the appellant continued to run until he reached a fence. The appellant tried to hop over the fence, but Piatchek grabbed him and pulled him off. As he was pulled off the fence, the appellant spun around to try to get away and pushed Piatchek in the shoulder, knocldng him off balance. The appellant began to run again, but fell down. Piatchek ultimately apprehended the appellant and took him into custody. At trial, defense counsel argued that the appellant could not be adjudicated delinquent for both resisting arrest with violence and resisting arrest without violence. The State disagreed, arguing that the charges arose from separate facts. The trial court agreed with the State.
This case is directly analogous to Goodman, 801 So.2d 1012. There, the defendant fled from a police officer after the officer stopped his vehicle. Id. at 1013. The officer chased the defendant to a fence, which the defendant attempted to climb over. Id. The officer grabbed the *852defendant to pull him off the fence. Id. The defendant resisted, grabbed the officer, and began striking him. Id. We held that the defendant’s convictions for resisting arrest with violence and resisting arrest without violence violated double jeopardy because they arose out of a single continuous episode. Id. at 1014; see Preston v. State, 785 So.2d 713, 713 (Fla. 4th DCA 2001); Madison v. State, 777 So.2d 1175, 1176 (Fla. 5th DCA 2001) (“[A] continuous resistance to the ongoing attempt to effect a defendant’s arrest constitutes a single instance of resisting an officer.”).
Reversed and remanded with instructions to vacate Appellant’s adjudication of delinquency for resisting an officer without violence.
HAZOURI, J., and RODRIGUEZ-POWELL, MILY, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
R.J.R. v. State, 88 So. 3d 264 (Fla. 1st DCA 2012)…a defendant could not be convicted of two counts of resisting an officer without violence “where his altercation with a number of officers was in the course of his continuous resistance to an ongoing attempt to effect his arrest.”); D.A.R. v. State, 22 So. 3d 850, 852 (Fla. 4th DCA 2009) (holding that a juvenile could not be adjudicated delinquent without a violation of double jeopardy for both resisting arrest with violence and resisting arrest without violence arising out of a continuous episode); Goodman…
-
Knite v. State, 102 So. 3d 691 (Fla. 4th DCA 2012)…convicted of both resisting an officer with violence and resisting an officer without violence where the acts of resistance take place during a single, continuous act of resistance. See Wallace v. State, 724 So. 2d 1176 (Fla.1998); D.A.R. v. State, 22 So. 3d 850 (Fla. 4th DCA 2009). The trial court thus erred in revoking the defendant’s community control based upon both the resisting with violence and resisting without violence charges. Revocation of the Community Control Imposed for Counts II and IV of th…
-
Jarrell Robinson v. State, 117 So. 3d 843 (Fla. 4th DCA 2013)…ident. The State concedes, and we agree, that appellant’s conviction and sentence for resisting an officer without violence should be vacated and his conviction and sentence for resisting arrest with violence should be affirmed. See D.A.R. v. State, 22 So. 3d 850 (Fla. 4th DCA 2009); Goodman v. State, 801 So. 2d 1012 (Fla. 4th DCA 2001). Accordingly, we reverse and remand with instructions to vacate appellant’s conviction for resisting an officer without violence. Reversed and Remanded. DAMOORGIAN, C.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rodriguez v. State, 777 So. 2d 1175 (Fla. 4th DCA 2001)
- Goodman v. State, 801 So. 2d 1012 (Fla. 4th DCA 2001)
- Madison v. State, 777 So. 2d 1175 (Fla. 5th DCA 2001)
- Alonza W. Jacobs v. State, 785 So. 2d 713 (Fla. 4th DCA 2001)