LAURENTINO A. GARCIA, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (13 total)

• Lowery v. State, 356 So. 2d 1325 (Fla. 4th DCA 1978)
  …with Section 776.051; the end result being that the use of force in resisting an arrest by a person reasonably known to be a law enforcement officer is unlawful notwithstanding the technical illegality of the arrest. Marshall, supra; K. G. v. State, 338 So. 2d 72 (Fla. 3d DCA 1976). And since it has not been alleged that the officer in this case used unlawful force in effectuating the arrest, it has not been necessary for us to consider the question of a defendant’s right to use force in defense of his perso…
• LEE v. State, 368 So. 2d 395 (Fla. 3d DCA 1979)
  …. The record in this case contains a great deal of evidence that the defendant resisted arrest with violence, as he was charged. As to this crime, the illegality of the arrest is no defense. Section 776.051, Florida Statutes (1977); K. G. v. State, 338 So. 2d 72 (Fla.3d DCA 1976). The defendant below successfully requested, however, that the court instruct the jury on what he deemed the lesser included offense of resisting arrest without violence under Section 843.02, Florida Statutes (1977).1 A legal arres…
• Jones v. State, 570 So. 2d 433 (Fla. 5th DCA 1990)
  …Fla. 4th DCA 1978) (although defendant argued that warrantless arrest invalid because misdemeanor not committed in officer’s presence, conviction upheld because courtroom is proper place to contest arrest rather than street). See also K.G. v. State, 338 So. 2d 72 (Fla. 3d DCA 1976), cert. den., 352 So. 2d 172 (Fla.1977). In Meeks v. State, 369 So. 2d 109 (Fla. 1st DCA 1979), the district court, citing to section 784.07, Florida Statutes [reclassifies offense when person knowingly commits battery upon a law…

Authorities Cited

• United States v. Dinitz, 424 U.S. 600 (U.S. 1976)
• Oris McLENDON and William Bradshaw v. State, 74 So. 2d 656 (Fla. 1954)