AKEEM WILLIAM DAVID JOHNSON
v.
STATE OF FLORIDA
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Continuous resistance to a single ongoing attempt to effectuate arrest constitutes only one instance of resisting an officer, and dual convictions for such conduct violate double jeopardy.
[1] Continuous resistance to a single ongoing attempt to effectuate arrest constitutes one criminal episode and one criminal act, and multiple convictions for resisting an of…
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Join FLexlaw to unlock all legal intelligence“Florida courts have consistently held that a continuous resistance to an ongoing attempt to effectuate a person's arrest or detainment constitutes only one single instance of resisting an officer.”
Court citing R.J.R. v. State, 88 So. 3d 264, 267 (Fla. 1st DCA 2012)
Johnson ran from officers, fell to the ground almost immediately, and continued to resist while on the ground until restrained and loaded into a patro…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D17-3144 _____________________________
AKEEM WILLIAM DAVID
JOHNSON,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Alachua County. James M. Colaw, Judge.
May 17, 2018
PER CURIAM.
Appellant was convicted of two counts of resisting an officer without violence after he ran from officers, fell to the ground almost immediately, and continued to resist while on the ground until he was restrained and loaded into a patrol car. The entire encounter took twenty to thirty seconds. Because this incident amounts to one criminal episode and one criminal act, the dual convictions for resisting an officer without violence are a double jeopardy violation. See R.J.R. v. State, 88 So. 3d 264, 267 (Fla. 1st DCA 2012) (“Florida courts have consistently held that a continuous resistance to an ongoing attempt to effectuate a person’s arrest or detainment constitutes only one single instance of resisting an officer.”); Williams v. State, 959 So. 2d 790, 793 (Fla.
2
2d DCA 2007) (“When considering the issue of what constitutes a criminal episode in the context of resisting charges, courts have held that a defendant’s continuous resistance to a single ongoing attempt to effectuate his arrest constitutes a single episode of resisting.”). The remedy is to “reverse and remand for the trial court to vacate one of the convictions for resisting arrest without violence.” See Fogle v. State, 754 So. 2d 878, 879 (Fla. 1st DCA 2000). REVERSED and REMANDED. ROWE, RAY, and MAKAR, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Andy Thomas, Public Defender, and Glenna Joyce Reeves, Assistant Public Defender, for Appellant.
Pamela Jo Bondi, Attorney General, and Daniel Krumbholz, Assistant Attorney General, for Appellee.
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Citator
Cited By
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Altaony Lemor Cason v. State, 260 So. 3d 1199 (Fla. 1st DCA 2019)
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Byram v. State, 263 So. 3d 1138 (Fla. 1st DCA 2019)
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K.B. v. State (Fla. 5th DCA 2026)
Authorities Cited
- Fogle v. State, 754 So. 2d 878 (Fla. 1st DCA 2000)
- Williams v. State, 959 So. 2d 790 (Fla. 2d DCA 2007)
- R.J.R. v. State, 88 So. 3d 264 (Fla. 1st DCA 2012)