RALPH WILLIAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the evidence was insufficient to support a larceny conviction but sufficient for resisting an officer with violence, and that intoxication is not a defense to resisting arrest.
[1] Evidence of flight and resistance to arrest may be evidence of guilt but does not necessarily establish guilt of a higher crime.
[2] Intoxication does not provide a legal basis for avoiding accountability for violence in resisting arrest.
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted of larceny of an automobile and resisting an officer with violence. The evidence suggested he used the car without permission …
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The appellant was found guilty in a non-jury trial of (1) larceny of an automobile, and (2) resisting an officer with violence. He was found guilty upon each count and sentenced to eighteen months in the state penitentiary. The sentence does not set out the time to be served as to each count but gives a total for both counts.1 No error as to the form of the sentence is argued.
It is urged on this appeal that the evidence is insufficient upon each count. Our review of the record convinces us that the evidence is insufficient to support the judgment upon count one, larceny of an automobile, but is sufficient upon count two, resisting an officer with violence. As to count one, the record is susceptible to the reasonable hypothesis that the appellant, a social visitor in the owner’s household used the automobile without the owner’s permission and was apprehended a few hours later in front of appellant’s residence in the same locality. Appellant’s flight and resistance to arrest are evidence of guilt, see Daniels v. State, Fla.1959, 108 So.2d 755; Harrison v. State, Fla.App.1958, 104 So.2d 391. They do not establish guilt of the higher crime as contrasted with the lesser offense, cf. Noeling v. State, Fla.1949, 40 So.2d 120.
Appellant’s argument that because he was intoxicated he ought not be held to account for his violence in resisting arrest is without basis in the law. See Colson v. State, Fla.1954, 73 So.2d 862.
The judgment upon count one is reversed with directions to enter a judgment of guilty of the lesser included offense of unauthorized temporary use of motor vehicle in violation of F.S. § 814.04, F.S.A. The judgment upon count two is affirmed. The sentence is set aside and the cause is remanded for a sentence upon each count separately.
Affirmed in part, reversed in part and remanded.
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Linehan v. State, 476 So. 2d 1262 (Fla. 1985)…83) (attempted second-degree murder); Askew v. State, 118 So. 2d 219 (Fla.1960) (rape); Folks v. State, 85 Fla. 288, 95 So. 619 (1923) (manslaughter); Link v. State, 429 So. 2d 836 (Fla. 3d DCA 1983) (possession of methaqualudes); Williams v. State, 250 So. 2d 11 (Fla. 3d DCA 1971) (violence while resisting arrest); Crusoe v. State, 239 So. 2d 147 (Fla. 2d DCA 1970) (passing forged bank checks). As noted above, voluntary intoxication has been recognized in this state for more than ninety years as a valid de…
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Frey v. State, 708 So. 2d 918 (Fla. 1998)…person of such officer ... is guilty of a felony of the third degree.” . See Linehan, 476 So. 2d at 1264 (“Florida courts have rejected the voluntary intoxication defense in the following cases involving general intent crimes.... Williams v. State, 250 So. 2d 11 (Fla. 3d DCA 1971) (violence while resisting arrest)...Cf. Colson v. State, 73 So. 2d 862 (Fla.1954) (the jury did not err in rejecting the claim that the defendant was too drunk to "resist ... the sheriff”). We disapprove Gonzales v. State, 488 So.…
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Frey v. State, 679 So. 2d 37 (Fla. 2d DCA 1996)…d from that opinion. However, in Linehan, the court noted that Florida courts have rejected the voluntary intoxication defense “in the following eases” involving general intent crimes. One of the eases listed in this category was Williams v. State, 250 So. 2d 11 (Fla. 3d DCA 1971), which the court described as a case involving violence while resisting arrest. Williams actually is equivocal on the issue. The court said in that case: Appellant’s argument that because he was intoxicated he ought not be held t…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Harrison v. State, 104 So. 2d 391 (Fla. 1st DCA 1958)
- In re Florida BAR, 108 So. 2d 755 (Fla. 1959)
- Colson v. State, 73 So. 2d 862 (Fla. 1954)