Florida/Georgia Personal Injury & Workers Compensation

...§ 1983 against Miami Beach police officers German Gutierrez and Jose Ortivero (“Defendants”).1 Hadley filed his complaint after pleading guilty in Florida state court to one count of resisting arrest with violence in violation of Fla. Stat. § 843.01. The parties agree that while high on cocaine, Hadley entered a Publix supermarket yelling, “Help me, help me, Jehovah God please help me!” and Defendants, upon arriving at the store, found Hadley running around and knocking items off of the shelves....

...ORTIVERO, duly qualified Law Enforcement Officers, in the lawful execution of a legal duty being performed by said officers[], to wit: the detention and/or arrest of said defendant, by the said defendant(s) offering or doing violence to the person of said officers[], in violation of s. 843.01, Fla....

...Coffin was charged with the misdemeanor of obstruction of justice without violence under Fla. Stat. Ann. § 843.02. Mr. Coffin was charged with several felonies: two counts of battery on a law enforcement officer under Fla. Stat. Ann. § 784.07(2)(b) and § 784.03(1); resisting an officer with violence under Fla. Stat. Ann. § 843.01; two counts of use of a weapon on a law enforcement officer under Fla....

...egally reentered after each deportation. He was deported the first time after being convicted for false representation. He was deported the second time after being convicted in Florida for resisting an officer with violence, under Florida Statute § 843.01. In sentencing Romo-Villalobos for the instant illegal reentry offenses, the district court imposed a 16-level enhancement under U.S.S.G....

...It further held that while the meaning of “physical force” is a question of federal law, not state law, a federal court is bound by the state supreme court’s interpretation of the elements of the underlying state statute at issue. Id. at 1269.1 Florida Statute § 843.01 provides in pertinent part: “Whoever knowingly and willfully resists, obstructs, or opposes any officer ....

...in the lawful execution of any legal duty, by offering or doing violence to the person of such officer . . . is guilty of a felony of the third degree . . . .” Id. (emphasis added). As for the nature of the force required to sustain a conviction under § 843.01, Florida’s appellate courts have held that “violence is a necessary element of the offense.” Rawlings v. State, 976 So. 2d 1179, 1181 (Fla. 5th DCA 2008); see also Walker v. State, 965 So. 2d 1281, 1284 (Fla. 2d DCA 2007) (“One of the elements of resisting arrest with violence under section 843.01 is either offering to do violence or actually doing it.”)....

...te case law to determine whether a crime requires “violent force,” it expressly directs us to look to state cases to determine the elements of the state offense. 130 S. Ct. at 1269. So, even though Rawlings, Walker and Harris analyzed whether § 843.01 qualifies as a violent crime under the state sentencing scheme, we are permitted -- in fact, required -- to rely on these same state cases when they describe the elements of the crime, no matter the context. Thus, because Florida’s courts have concluded that violence is a necessary element of § 843.01, we too conclude that it constitutes a “crime of violence” for purposes of U.S.S.G. § 2L1.2(b)(1)(A)(ii). Romo-Villalobos claims, nevertheless, that Florida’s courts have held that the element of violence in § 843.01 can be satisfied by de minimus force, but we are unpersuaded....

...unwanted physical contact would be sufficient; rather, the court emphasized the “ambiguity” of the defendant’s description of his conduct and said that whether the defendant’s actions “constitute[d] ‘violence’” within the meaning of Fla. Stat. § 843.01 was an issue of fact for the jury to decide....

...he defendant.” Id. at 1324. Given the posture in which it was viewing the case, and its repeated references to this posture, we cannot conclude, contrary to Romo-Villalobos’s claim, that de minimis force is sufficient to establish violence in § 843.01. Similarly, in Wright v....

...Wright, therefore, involved a defendant’s attempt to employ physical force -- by pushing, struggling, kicking and flailing arms and legs -- that undeniably would have been “capable of causing physical pain or injury to another person,” Johnson, 130 S. Ct. at 1271. Romo-Villalobos also argues that § 843.01 cannot involve a “crime of violence” because it only requires a mens rea of recklessness, which we have held “does not satisfy the ‘use of physical force’ requirement under § 2L1.2’s definition of ‘crime of violence.’” Palomino Garcia, 606 F.3d at 1336....

...dental (noncriminal) behavior or strict liability crimes. . . . Hentz v. State, 62 So. 3d 1184, 1190 (Fla. 4th DCA 2011) (quotation omitted; emphasis added). In other words, Florida case law instructs that general intent crimes -- of which § 843.01 is one -- typically require some form of “intent” and are distinguishable from “accidental” or “strict liability” crimes....

...606 F.3d at 1332. 11  Accordingly, as we held in United States v. Jones, 400 F. App’x 462 (11th Cir. 2010) (unpublished), cert. denied, 131 S. Ct. 2128 (2011), a conviction under Florida Statute § 843.01 “is sufficient for liability under the first prong of the ACCA, 18 U.S.C....

...fficer to wit: Deputy Humann or Deputy Truitt or Deputy Tutt, in the lawful execution of a legal duty, to wit: conducting an arrest, by offering or doing violence to the person of said officer, contrary to Florida Statute 843.01.[5] Since the plaintiff pled guilty, this is the only official record of the facts underlying the plaintiff's conviction and sentence, and it does not specify any particular acts of violence, when they occurred, or even to which of the three deputies they were directed....

...the lawful execution of any legal duty, by offering or doing violence to the person of such officer or legally authorized person, is guilty of a felony of the third degree, punishable as provided in § 775.082, § 775.083, or § 775.084." Fla. Stat. § 843.01. 12 officers' use of excessive force and therefore would have been justified....

...When 10 deputies put Justin in a patrol car, he turned to the deputy who was driving and said “Hell of a New Year’s, hey?” In April 2005, Justin was tried for resisting an officer with violence to his or her person, a violation of Florida Statute § 843.01, but, before the conclusion of the trial, he pleaded no contest to resisting without violence under Florida Statute § 843.02....

...y who held Alex as he was being led out of the Ritz in handcuffs used excessive force when they used their taser guns on him. The deputies clearly had probable cause to arrest Alex for resisting an officer with violence, a violation of Fla. Stat. § 843.01, so the only issue here is whether the use of the taser guns was unreasonable....

...Twelve years later in Wallace v. State, 724 So.2d 1176 (Fla.1998), we held that a defendant who resisted two officers during a single incident could be charged with only one crime because the statute prohibited resisting "any" officer. Id. at 1181. We analyzed the language of section 843.01, Florida Statutes (1993), which provides: Whoever knowingly and willfully resists, obstructs, or opposes any officer ......

...We also noted that Ladner reached its result because the Court concluded that the statute's "primary purpose was to prevent the hindrance of government duty, and not to prevent assault upon federal officers." Id. at 1179. We found that the Florida Legislature had a similar purpose in enacting section 843.01....

...and susceptible to different interpretations." Wallace, 724 So.2d at 1180 (emphasis added). Within this context, we held that a continuous resistance to an ongoing attempt to effect an arrest constitutes only a single "instance of obstruction" under section 843.01, Florida Statutes....

...ourt of Appeal's decision in A.F. v. State, 905 So.2d 1010 (Fla. 5th DCA 2005). [1] The conflict issue is whether knowledge that a victim is a law enforcement officer is an essential element of the offense of resisting an officer with violence under section 843.01, Florida Statutes (2002)....

...State has the burden of proving the defendant's knowledge of the officer's status. FACTS AND PROCEDURAL HISTORY This case arises from the arrest and conviction of Gary Polite, a 38-year-old homeless man, for resisting an officer with violence under section 843.01....

...Polite, 933 So.2d at 588 n. 2. The State charged Polite with second-degree misdemeanor tampering with coin-operated vending machines and parking meters under section 877.08(3), Florida Statutes (2002), and third-degree felonious resisting an officer with violence under section 843.01....

...ury on this element. See Polite, 933 So.2d at 589. The Third District ultimately affirmed Polite's convictions and sentences, concluding that knowledge of an officer's status is not an element of the crime of resisting an officer with violence under section 843.01....

...Thus, when criminal statutes are subject to competing, albeit reasonable, interpretations, they must be "strictly construed . . . most favorably to the accused." § 775.021(1), Fla. Stat.; accord State v. Byars, 823 So.2d 740, 742 (Fla.2002); Wallace v. State, 724 So.2d 1176, 1180 (Fla.1998). A. Construction of Section 843.01 Section 843.01 provides in pertinent part: Whoever knowingly and willfully resists, obstructs, or opposes any officer ....

...in the execution of legal process or in the lawful execution of any legal duty, by offering or doing violence to the person of such officer or legally authorized person, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 843.01, Fla. Stat. Section 843.01 was originally enacted in 1881 and has, remarkably, remained relatively unchanged since that time....

...In fact, the critical phrase and gravamen of the offense, "knowingly and willfully resists, obstructs, or opposes any [officer]," has been part of the statute *1112 since its inception. Ch. 3276, § 1, Laws of Fla. (1881). The State argues and the Third District held "that the `plain language' of section 843.01 shows that, the legislature did not include knowledge of the victim's status as an element of the offense," because the adverbs knowingly and willfully only modify the verbs "resists, obstructs, or opposes" rather than the entire phrase....

....02, which, despite the text's omission of an express knowledge requirement, has been interpreted as requiring that the person charged have knowledge that the person he or she is resisting is an officer, with resisting an officer with violence under section 843.01, which has a specific knowledge requirement)....

...Construction of Section 843.02 Our statutory construction analysis is further facilitated by an interpretation of the essential elements of the offense of resisting an officer without violence under section 843.02, Florida Statutes (2002), a permissive lesser included offense of resisting an officer with violence under section 843.01....

...Section 843.02 states that "[w]hoever shall resist, obstruct, or oppose any officer . . . in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree." Similar to section 843.01, this provision specifies that it is unlawful to "resist, obstruct or oppose any officer." §§ 843.01, 843.02, Fla. Stat. However, unlike section 843.01, there is no language in section 843.02 requiring the defendant to act "knowingly and willfully." Yet courts, including the Third District in this case, have interpreted section 843.02 as requiring proof of a defendant's knowledge of the officer's status....

...uction that courts are constrained to avoid a construction that would result in unreasonable, harsh, or absurd consequences." Id. These principles are equally applicable to the analysis here. Section 843.02 is a permissive lesser included offense of section 843.01—the former a first-degree misdemeanor subjecting a nonhabitual offender to a maximum of one year in prison and the latter a third-degree felony subjecting a nonhabitual offender to a maximum of five years in prison....

...e of an officer's status is an essential element of the offense of resisting an officer with violence. See T.R. v. State, 677 So.2d 270, 271 (Fla.1996) (reiterating that courts must construe related statutory provisions in harmony with one another). Section 843.01 is part of a statutory scheme that is designed to protect law enforcement officers and ensure that they are able to perform their duties....

...sential element of this offense even though section 784.07(2) lacks specific language to that effect. See Thompson, 695 So.2d at 692; Street v. State, 383 So.2d 900, 900 (Fla. 1980). [10] The language of section 784.07 is almost identical to that of section 843.01—both statutes include the word "knovvingly," followed by a proscribed act upon an officer. Compare § 784.07(2), Fla. Stat. ("Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer. . . .") with § 843.01, Fla....

...l state is comparable. Therefore, because the Court has previously held that "knowingly" in section 784.07 includes knowledge of the officer's status, it would be unreasonable for the Court not to similarly conclude that "knowingly and willfully" in section 843.01 includes knowledge of the officer's status....

...hicle in compliance with such order." The Third District is correct that the Legislature clearly intended to make knowledge of the school board official's or the officer's status an element of these offenses and failed to include similar language in section 843.01....

...oncluding that resisting an officer without violence under section 843.02 requires proof of defendant's knowledge of officer's status). Thus, the Legislature's failure to expressly include knowledge of the officer's status as an essential element in section 843.01 is not dispositive in this case, particularly where the statute was enacted over 120 years ago and has always, since its adoption, included the requirement that the defendant act "knowingly and willfully:" [12] D....

...ustified in the use of force to resist an arrest by a law enforcement officer who is known, or reasonably appears, to be a law enforcement officer. Although this Court previously determined that section 776.051(1) is to be read in pari, materia with section 843.01, Tillman, 934 So.2d at 1270 n....

...Furthermore, we stated that this provision "is limited by its plain terms to situations involving an actual arrest. " Id. at 1270 (emphasis supplied). Therefore, section 776.051(1) cannot provide for an affirmative defense to resisting an officer with violence under section 843.01, a provision which criminalizes violent resistance in both arrest and non-arrest encounters with law enforcement officers....

...Polite asserts that the Third District's decision favors the protection of law enforcement officers at the expense of the citizenry who are "placed in the untenable position of submitting to anyone who claims to be a police officer or face the possibility of extended incarceration for violating section 843.01." And such a concern is logical given the "all too sad fact that persons have been victimized as a result of their trusting criminals who were impersonating police officers to facilitate crimes." W.E.P., 790 So.2d at 1172; see also A.F., 905 So.2d at 1012....

...visions involving crimes against law enforcement officers, and applying additional statutory construction principles, we conclude that knowledge of the officer's status is an essential element of the crime of resisting an officer with violence under section 843.01....

...Therefore, we quash the decision of the Third District in Polite and approve the decision of the Fifth District in A.F., to the extent it held that knowledge of the officer's status is an essential element of the offense. We remand with instructions to vacate Polite's conviction for resisting an officer with violence under section 843.01 and to grant a new trial consistent with this opinion....

...United States v. Feola, 420 U.S. 671, 95 S.Ct. 1255, 43 L.Ed.2d 541 (1975). In Feola, the Court construed 18 U.S.C. § 111 (2000), not to require knowledge of an officer's status. See id. at 684. However, the federal statute is distinguishable from section 843.01 because it does not include the requirement that the defendant act "knowingly and willfully." See 18 U.S.C. § 111(a)(1) ("Whoever . . . forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section. . . ."). Moreover, the counterpart to this federal statute is not only section 843.01 but also 787.07(2), the provision addressing assault and battery on a law enforcement officer, which we have already held under Florida law requires proof that the defendant knew of the officer's status....

...erson reasonably believed that the person attempting to effect the arrest or detention was not a law enforcement officer."). Importantly, as the Third District acknowledged, the several out-of-state cases that involved provisions nearly identical to section 843.01 construed the provisions in line with our decision today....

...[13] We also refer this issue to the Supreme Court Committee on Standard Jury Instructions in Criminal Cases to propose a revision to the standard jury instructions to make clear that knowledge of the officer's status is an essential element of the offense of resisting an officer with violence under section 843.01.

...Haymans and Robert G. Jacobson, of Farr, Farr, Haymans, Moseley & Odom, Punta Gorda, for appellee. BOYD, Justice. This is an appeal by the State of Florida seeking reversal of a decision of the Circuit Court dismissing charges against Appellee for violating Section 843.01 [1] of the Florida Statutes prohibiting resisting arrest with violence in connection with his arrest for violating Florida's disorderly conduct statute 877.03....

...Accordingly, the decision of the Circuit Court of Charlotte County under review is reversed and the cause is remanded for further proceedings not in conflict with this opinion. It is so ordered. OVERTON, C.J., and ROBERTS, ADKINS and SUNDBERG, JJ., concur. ENGLAND and HATCHETT, JJ., concur with result only. NOTES [1] 843.01 Resisting officer with violence to his person....

...[1] Stephens was selling newspapers in Tampa on the corner of Franklin and Polk Streets "confronting people on the street and appearing to hassle with them." Appellee Saunders was accused by amended information of resisting Stephens' arrest with violence, in violation of Section 843.01, Florida Statutes (1975)....

...State, 156 Fla. 692, 24 So.2d 98 (1945); Kirby v. State, 217 So.2d 619 (4th DCA Fla. 1969). See Jones v. State, 293 So.2d 116 (3d DCA Fla. 1974); Smith v. State, 292 So.2d 69 (3d DCA Fla. 1974); Rosenberg v. State, 264 So.2d 68 (4th DCA Fla. 1972); F.S. 843.01 (1973)....

...police-citizen encounters. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We conclude that the statute, by its plain terms, applies only to arrest situations. In non-arrest cases, in order to convict a defendant under sections 784.07 and 843.01, Florida Statutes (2005), [1] which define the crimes of battery on a law enforcement officer and resisting an officer with violence, the State must prove that the officer was "engaged in the lawful performance of his or her duties" or "in the...

...Tillman did not release his hold on Henriquez until he was pepper sprayed. Tillman, 807 So.2d at 107-08. [3] The jury found Tillman guilty of aggravated battery on a law enforcement officer pursuant to section 784.07(2)(d) and resisting an officer with violence pursuant to section 843.01....

...The district court acknowledged that the statutes governing the crimes charged require the State to prove that the officer was lawfully executing a legal duty at the time of the alleged battery or violent resistance. Id. However, the district court cited a line of district court cases that have interpreted section 843.01 in pari materia with section 776.051(1) to hold that the use of force in resisting an arrest by a person reasonably known to be a law enforcement officer is unlawful regardless of whether the arrest is technically illegal....

...at 109. We granted review to resolve the conflict between Taylor and Tillman on the scope of section 776.051(1). ANALYSIS I. Statutory Provisions and Standard of Review The issues in this case require us to construe sections 776.051(1), 784.07, and 843.01, Florida Statutes (2005)....

...wful performance of his or her duties, the offense for which the person is charged shall be reclassified as follows: .... (d) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. (Emphasis supplied.) Section 843.01 defines the crime of resisting an officer with violence as follows: Whoever knowingly and willfully resists, obstructs, or opposes any officer *1269 ......

...N.H. v. State, 890 So.2d 514, 516 (Fla. 3d DCA 2005) (noting that title of section 843.02, which defines crime of resisting without violence, is "`resisting [an] officer,' not `resisting arrest'"). The facts of this case and Taylor demonstrate that section 843.01 encompasses resistance to actions by law enforcement officers other than arrests....

...ary, section 776.051(1) is implicated only when a defendant acts violently against an officer in resisting an arrest. We reject the Fifth District's use of the interpretive maxim in pari materia to engraft the prohibition into sections 784.07(2) and 843.01 when an actual arrest is not involved....

...The Legislature has not expressly precluded the defense of justifiable use of force against an officer in situations other than arrest. For this reason, and because the Legislature has placed the element of lawful execution of a legal duty in both sections 784.07(2) and 843.01, proof that the officer was acting lawfully is necessary in a prosecution for crimes committed under either statute that occur outside an arrest scenario....

...verning warrantless entry by police into a home. 740 So.2d at 90. This approach is consistent with precedent reviewing convictions of resisting arrest without violence under section 843.02, which has a "lawful execution" element identical to that in section 843.01....

...We similarly decline to adopt a more amorphous, hence more subjective, "reasonable officer" test for determining whether an officer is acting in the lawful execution of legal duties as required to establish the crimes defined in sections 784.07(2) and 843.01. Cf. Whren, 517 U.S. at 814, 116 S.Ct. 1769 (characterizing "reasonable officer" test as an attempt "to reach subjective intent through ostensibly objective means"). Therefore, in construing the lawful execution element of sections 784.07(2) and 843.01, courts must apply the legal standards governing the duty undertaken by the law enforcement officer at the point that an assault, battery, or act of violent resistance occurs....

...ion of a legal duty under the facts of this case. *1274 CONCLUSION Without question, the statutory enhancement of the assault and battery offenses against law enforcement officers in section 784.07, and the "resisting" offenses contained in sections 843.01 and 843.02, Florida Statutes, reflect a strong public interest in the protection of law enforcement officers. However, in making "lawful performance" and "lawful execution" of duties an element of both sections 784.07 and 843.01, the Legislature has specified that this enhanced punishment applies only when officers operate within the limits of the law contained in constitutional and statutory provisions as well as pertinent precedent....

...BELL, J., specially concurs with an opinion, in which WELLS and CANTERO, JJ., concur. BELL, J., specially concurring. I join the majority because I cannot say that it is unreasonable to interpret the "lawful execution of a legal duty" element in sections 784.07(2) and 843.01 according to its plain meaning, especially in the absence of any contrary legislative intent expressly stated in sections 784.07(2) and 843.01, Florida Statutes (2005)....

...However, I write separately to note my concern that this interpretation may narrow the intended scope of protection for public officials further than actually intended and, thereby, undermine the very purpose of these statutes. It is clear that the purpose behind sections 784.07(2) and 843.01 is to protect public officials by imposing heightened penalties on civilians who physically retaliate against them as they carry out their public duties....

...NOTES [1] Although the 1997 versions of these statutes apply to this case, the provisions have not materially changed in the interim. We therefore cite to the current versions of these statutes. [2] Section 784.07(2) requires that the officer be "engaged in the lawful performance of his or her duties." Section 843.01 requires that the officer be "in the lawful execution of any legal duty." These elements are functionally identical....

...tumble, lose his balance, and fall to the ground on top of Henriquez. Id. at 108, 807 So.2d 106. [4] In arrest situations, Florida courts have consistently read section 776.051(1) in pari materia with the offenses described in sections 784.07(2) and 843.01 and, in so doing, have not required the State to prove that the arrest was lawful....

...Ann. tit. 13, § 1028 (1998 & Supp.2005); Wash. Rev.Code § 9A.36.031 (2004 & Supp.2005); W. Va. Code § 61-2-10b (2002). [10] One of the states that uses this phrase has arguably defined it as we have now defined the phrase in sections 784.07(2) and 843.01, Florida Statutes....

...slaughter: Chapter 782 (except subsection 782.04(1)(a)) and subsection 316.1931(2) Category 2: Sexual offenses: Chapters 794 and 800 and section 826.04 Category 3: Robbery: Section 812.13 Category 4: Violent personal crimes: Chapters 784 and 836 and section 843.01 Category 5: Burglary: Chapter 810 and subsection 806.13(3) Category 6: Thefts, forgery, fraud: Chapters 322, 409, 443, 509, 812 (except section 812.13), 815, 817, 831, and 832 Category 7: Drugs: Chapter 893 Category 8: Weapons: Chapter 790 Category 9: All other felony offenses d....

...-------|---------------------------------| | 418-453 | 30 | | | (27-40) | |-----------|---------------------------------| | 454+ | Life | --------------------------------------------- (d) Category 4: Violent personal crimes: Chapters 784 and 836 and section 843.01 I....

...Fried, Assistant Attorney General, West Palm Beach, for Respondent. PER CURIAM. We have for review Wallace v. State, 689 So.2d 1159 (Fla. 4th DCA 1997), which certified conflict with the decision in Pierce v. State, 681 So.2d 873 (Fla. 1st DCA 1996), on the issue of whether section 843.01, Florida Statutes (1993), permits more than one conviction predicated on a single incident during which a person resists multiple officers attempting to effect a single arrest....

...For the reasons expressed herein, we hold that only one conviction may be obtained. We approve the reasoning of Pierce and quash the decision in Wallace. Wallace was charged with and convicted of numerous offenses including two counts of resisting an officer with violence under section 843.01, Florida Statutes (1993), arising out of an altercation between Wallace and two police officers who were called to Wallace's home by his sister....

...Wallace was arrested and charged with numerous offenses, including multiple counts of battery on a law enforcement officer, aggravated assault on a law enforcement officer, aggravated battery, and two counts of resisting an officer with violence under section 843.01. [2] Upon conviction, [3] Wallace appealed, contending that section 843.01 permitted only one charge and conviction for resisting the officers in their attempt to arrest him, regardless of whether more than one officer was involved, since the evidence showed continuous resistance of the attempted arrest in a single incident. The Fourth District rejected his appeal, holding that section 843.01 allows separate convictions for each individual officer actually present and resisted at the scene....

...In so holding, however, the district court recognized and certified conflict with Pierce v. State, 681 So.2d 873 (Fla. 1st DCA 1996). Id. PIERCE Only petitioner's convictions for two counts of resisting an officer in the execution of a *1178 legal duty under section 843.01 are at issue in this proceeding....

...The First District held that only one conviction was permitted in connection with this single episode, relying upon this Court's decision in State v. Watts, 462 So.2d 813 (Fla.1985). Pierce, 681 So.2d at 874. Citing Watts, the court in Pierce held that because section 843.01 prohibits resisting "any" officer, as opposed to "an" officer, "and the three counts ......

...This Court's prior holdings in Grappin and Watts and the First District's holding in Pierce are consistent with the U.S. Supreme Court's opinion in Ladner and the federal circuit decisions cited above. Here, as in those cases, the use of the phrase "any officer" in section 843.01 renders the statute in question ambiguous....

...Indeed, chapter 843 is entitled "obstructing justice" which, as the Supreme Court concluded in Ladner, indicates a concern over the obstruction of justice by resisting arrest and not just the physical protection of law enforcement officers. [7] Indeed, section 843.01 specifically focuses on someone who "resists, obstructs, or opposes any officer" in the execution of any legal duty....

...possibly multiple assaults or batteries, or both, on law enforcement officers as were separately charged here, we conclude that his continuous resistance to the ongoing attempt to effect his arrest constitutes a single instance of obstruction under section 843.01....

...HARDING, C.J., dissents with an opinion, in which OVERTON and WELLS, JJ., concur. HARDING, C.J., dissenting. I dissent because I conclude that the statute, read as a whole, reveals clear legislative intent that the allowable unit of prosecution is each officer resisted. The statute reads: 843.01....

...icer, rather than the arrest. The phrase "any officer" must be read with the subsequent singular reference to "the person of such officer." Because the statute read as a whole is unambiguous, I would hold that the allowable unit of prosecution under section 843.01 is each individual officer resisted with violence and that the statute permits multiple charges and convictions when a suspect resists multiple officers in an attempt to effect a single arrest....

...cquittal on all counts. The State then proceeded to nolle prosse the two counts of battery on a law enforcement officer. The remaining charges were submitted to the jury, and the defendant was found guilty on all six. Wallace, 689 So.2d at 1160. [2] Section 843.01 provides: 843.01 Resisting officer with violence to his person.—Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s....

...State, 450 So.2d 480 (Fla.1984), is made clear in a recent analysis of the issue by Judge Webster of the First District: In Pierce v. State, 681 So.2d 873 (Fla. 1st DCA 1996), this court held that multiple convictions for resisting an officer with violence in violation of section 843.01, Florida Statutes, which all arose during a single incident were precluded by the double jeopardy clause because that statute prohibits resisting, obstructing or opposing "any officer." We reached that conclusion by applying the Grappi...

...notwithstanding the fact that both charges arose out of a single incident during which two different officers were involved. In a lengthy opinion, the Wallace court noted its disagreement with Pierce, apparently because it believed that, as used in section 843.01, "any does not define the `allowable unit of prosecution'—merely the class of officers to whom the statute's protection is intended." 689 So.2d at 1163....

...requires knowledge of the federal officer's identity. [7] As noted earlier, Wallace was also charged and convicted of multiple counts of battery as well as assault upon a police officer based upon the same conduct underlying the alleged violation of section 843.01.

resisting an officer with violence ( Fla. Stat. § 843.01 (2005) ). Deshazior objected, arguing

...tion of the trial judge, provided the basis is stated in writing. Fla.R.Crim.P. 3.701(d)(11). [3] Accordingly, we vacate the sentence and remand this cause for resentencing. SENTENCE VACATED AND CASE REMANDED. COBB and COWART, JJ., concur. NOTES [1] § 843.01, Fla....

...McGinnes and Margaret Good, Asst. Public Defenders, for appellant. Jim Smith, Atty. Gen., Carolyn Snurkowski, Asst. Atty. Gen., and Harry Morrison, Tallahassee, for appellee. PER CURIAM. On appeal from a conviction of resisting arrest with violence in violation of Section 843.01, Florida Statutes, and driving while under the influence of alcoholic beverages in violation of Section 316.193, Florida Statutes, the defendant below, Danny Lee Ivester, asks us to consider two points....

...scovery deposition of the arresting officer should have been granted. To do this we are required to ascertain whether a defendant may justify the use of force as an act of self-defense in defending against a charge of resisting arrest with violence. § 843.01, Fla....

...Because the defendant was identified beyond a reasonable doubt we affirm the first point. The second point concerns the appellant's discovery rights under Rule 3.220, Florida Rules of Criminal Procedure, as part of his efforts to set up a defense to the charge of resisting arrest with violence. § 843.01, Fla....

...Section 776.051(1), Florida Statutes, states that "(1) A person is not justified in the use of force to resist an arrest by a law enforcement officer who is known, or reasonably appears, to be a law enforcement officer." In Lowery v. State, *930 356 So.2d 1325, 1326 (Fla. 4th DCA 1978), the court read Section 843.01, Florida Statutes, in pari materia with Section 776.051(1), Florida Statutes (1974)....

...fend himself against unlawful or excessive force, even when being arrested. This view is consistent with the position taken by other jurisdictions that have been confronted with questions relating to statutes similar to Sections 776.012, 776.051 and 843.01, Florida Statutes....

...case under Section 784.07, appellant's right to equal protection is not violated. See United States v. Coppola, 296 F. Supp. 903 (D.C.Conn. 1969), 300 F. Supp. 932 (D.C.Conn. 1969), aff'd, 425 F.2d 660 (2d Cir.1969). [2] Appellant also distinguishes Section 843.01, Florida Statutes (1975), [3] which statute is entitled "Resisting officer with violence to his person," from the enactment under which he was charged. Appellant maintains that while both statutes concern the impermissible touching of an officer, Section 843.01 requires the additional elements of knowingly and willfully resisting, obstructing or opposing the specifically designated class of officers by offering or doing *273 violence to the person of the officer while the officer is in the lawful execution of a legal duty....

...Appellant concludes that the requirement of violence is just and reasonable in that it is a workable attempt to protect the officers from serious injuries without overextending the scope of a felony level statute. Consequently, while appellant concedes that Section 843.01 falls within the legislative purview of legislating for the public health, safety, morals, or general welfare, he argues that Section 784.07 does not. Sections 843.01 and 784.07 will frequently overlap, and a prosecutor is imbued again with the discretion to decide under which statute he wishes to charge. Although appellant is correct in noting that Section 843.01 contains different elements which must be proven, it does not necessarily follow that Section 784.07 falls outside the legislative authority to denominate conduct as criminal. For the reasons heretofore stated, the legislature was well within its reach in enacting the challenged statute. In those situations where an accused may be charged under either statute but the elements of Section 843.01 are difficult to prove, Section 784.07 effectively "closes the gap" by permitting prosecution under the latter statute....

...tion of the misdemeanor statute invariably constituted a violation of the felony statute. Palmore v. United States, 290 A.2d 573 (D.C. 1972). In the instant case, a violation of § 784.03 would not invariably constitute a violation of § 784.07. [3] § 843.01, Fla....

...wholly with the legislative branch. While resisting arrest with violence and battery on a law enforcement officer are similar offenses, and while they usually happen in conjunction with one another, one does not necessarily involve the other. Under section 843.01, Florida Statutes (1979), one could obstruct or oppose a law enforcement officer by threatening violence and still at the same time not be committing a battery on the law enforcement officer as proscribed in section 784.07, Florida Statutes (1979)....

...the inconsistency between the defendant's verbal identification and the driver's license, "does not validate the policeman's actions." 337 So.2d at 1026. Because the officer was not engaged "in the execution of legal process or in the lawful execution of any legal duty," section 843.01, Florida Statutes (resisting officer with violence to his person), the arrest for resisting failed....

...ng execution of a lawful duty, section 843.02, also listed on the report, does not require that the officer be attempting to arrest the suspect. See, e.g., Kaiser v. State, 328 So.2d 570 (Fla. 3d DCA 1976) (charge of resisting officer with violence, section 843.01, proper when officer has legal right to detain suspect for questioning)....

...Sentencing In its presentence briefing, the government argued that defendant Joyner qualified as an armed career criminal under the ACCA based upon these prior Florida felony convictions: (1) a 2005 conviction for resisting an officer with violence, in violation of Fla. Stat. § 843.01, (2) a 2009 conviction for attempted strong arm robbery, in violation of Fla....

...attempted strong arm robbery have “as an element the use, attempted use, or threatened use of physical force against the person of another” within the meaning of the ACCA. 18 U.S.C. § 924(e)(2)(B)(i). B. Resisting an Officer with Violence Florida Statute § 843.01 provides that any person who “knowingly and willfully resists, obstructs, or opposes any officer . . . in the lawful execution of any legal duty, by offering or doing violence to the person of such officer,” is guilty of resisting an officer with violence. Fla. Stat. § 843.01 (emphasis added). Florida courts have held that “violence is a necessary element of the offense” of resisting an officer with violence. United States v. Hill, 799 F.3d 1318, 1322 (11th Cir. 2015) (citing cases); see also United States v. Romo-Villalobos, 674 F.3d 1246, 1248-51 (11th Cir. 2012) (concluding under the 2010 Sentencing Guidelines that a conviction under Fla. Stat. § 843.01 constitutes a crime of violence for purposes of the elements clause of U.S.S.G. § 2L1.2(b)(1)(A)(ii), which has the same language as the ACCA elements clause). Accordingly, as this Court previously held in Hill, a Fla. Stat. § 843.01 conviction for resisting an officer with violence “categorically qualifies as a violent felony under the elements clause of the ACCA.” Id. 18  Case: 16-17285 Date Filed: 02/22/2018 Page: 19 of 23 C....

...The relevant statute provides in pertinent part: "Whoever knowingly and willfully resists, obstructs, or opposes any officer ... in the lawful execution of any legal duty, by offering or doing violence to the person of such officer... is guilty of a felony of the third degree...." § 843.01, Fla....

...esisting an officer without violence due to insufficient evidence and certified the following question as one of great public importance: IS RESISTING AN OFFICER WITHOUT VIOLENCE (Section 843.02) A LESSER INCLUDED OFFENSE OF RESISTING WITH VIOLENCE (Section 843.01)? We have jurisdiction....

...We quash the district court's decision with directions that this cause be remanded for a finding by the trial court on the sufficiency of the evidence on the greater offense of resisting arrest with violence. The facts of this case are as follows. Espinosa was charged with resisting arrest with violence pursuant to section 843.01, Florida Statutes (1995)....

...Saunders, 339 So.2d 641 (Fla.1976); Benjamin; Johnson v. State, 395 So.2d 594 (Fla. 2d DCA 1981); Lee v. State, 368 So.2d 395 (Fla. 3d DCA), cert. denied, So.2d 349 (Fla.1979). Further, courts have consistently read section 776.051(1), Florida Statutes (1995), [3] in pari materia with section 843.01 to eliminate that element as to the offense of resisting arrest with violence....

...We quash the decision of the district court with directions that this cause be remanded for a finding by the trial court as to the sufficiency of the evidence on the greater offense. It is so ordered. SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. NOTES [1] Section 843.01 provides: Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s....

...Stahl, Jr., of Varon, Stahl, Kay & Roderman, Hollywood, for appellant. Robert L. Shevin, Atty. Gen., Tallahassee, and Harry M. Hipler and Paul H. Zacks, Asst. Attys. Gen., West Palm Beach, for appellee. ALDERMAN, Chief Judge. This is an appeal from a conviction for resisting arrest with violence, contrary to Section 843.01, Florida Statutes (1975)....

...1975) (effective July 1, 1975). This statute provides that a person is not justified in the use of force to resist an arrest by a law enforcement officer who is known, or reasonably appears, to be a law enforcement officer. Thus, after July 1, 1975, Section 843.01 must be read in pari materia 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....

...c. 1 Wayne R. LaFave & Austin W. Scott, Jr., Substantive Criminal Law § 3.5(e)(1986)(footnotes omitted). To determine whether resisting arrest with violence is a general intent or specific intent crime, we look to the plain language of the statute: 843.01 Resisting officer with violence to his person.—Whoever knowingly and willfully resists, obstructs, or opposes any officer ... in the lawful execution of any legal duty, by offering or doing violence to *920 the person of such officer ... is guilty of a felony of the third degree.... § 843.01, Fla....

...And I'm worried about that." By any measure, Mr. Frey was severely intoxicated and a serious question exists as to his capability of forming an intent, general or specific, to commit the crime at issue. Against this factual backdrop, let us consider the criminal offense involved herein. Section 843.01, Florida Statutes (1993), provides: Whoever knowingly and willfully resists, obstructs, or opposes any officer ......

...that when "purpose" or "knowledge" is an element of a crime, proof of intoxication may logically negate the existence of either. See State v. Doyon, 416 A.2d 130, 136 (R.I. 1980) (citing Model Penal Code, Tent. Draft No. 9 at 2-9 (1959)). To violate section 843.01, it is evident that "knowledge" of the fact that one is obstructing an officer is an *926 element of the crime of resisting arrest with violence....

...ion can negate the mental element of a crime, it is apparent that a defendant would be allowed to put on evidence that his level of intoxication rendered him unable to form the "knowledge" element of the crime of resisting arrest with violence under section 843.01....

...681, 688-89 (1983) (second brackets added). [19] "Purposeful" conduct and "knowing" conduct are both "willful." See Robinson & Grall, Element Analysis, supra note 15, at 695. Accordingly, we can probably conclude that "willful" conduct (as an element of section 843.01) is essentially "purposeful" conduct....

...Deputy Lockwood, who had been guarding the back door of the residence, put a choke hold on Green, causing Green and Deputies Lockwood and Phillips to fall. Green was then handcuffed. Subsequently, Green was charged with resisting arrest with violence, in violation of section 843.01, Florida Statutes (1979)....

...§ 924(e).1 He now appeals his sentence, arguing that two of the three convictions the district court used to qualify him an armed career offender do not qualify as violent felonies under the § 924(e): (1) resisting an arresting officer with violence, in violation of Fla. Stat. § 843.01, and (2) fleeing and eluding at high speed, in violation of Fla. Stat. § 316.1935(3). We reject Nix’s challenge to the § 843.01 conviction, holding that a such conviction constitutes a violent felony under 18 U.S.C. § 924(e)(2)(B)(ii). This is the same holding we recently reached in United States v. Hayes, 2010 WL 3489973 (September 8, 2010). Although the Hayes decision was not published, we are persuaded by its rationale regarding § 843.01 and therefore adopt its holding. Nix’s challenge to the § 316.1935(3) conviction is foreclosed by United States v. Harris, 586 F.3d 1283 (11th Cir....

...We do, however, find error in the sentence imposed upon the defendant, which error the State concedes. The defendant was sentenced to three years imprisonment for obstructing justice with violence, a crime for which punishment is limited to a maximum of two years. Section 843.01, Florida Statutes, F.S.A....

...Background Walker pleaded nolo contendere in two separate cases to four offenses: (1) battery on a law enforcement officer, §§ 784.03, .07(2)(b), Fla. Stat. (2005); (2) battery on a firefighter, §§ 784.03, .07(2)(b); (3) resisting an officer with violence, § 843.01, Fla....

...State, 779 So.2d 343, 344 (Fla. 2d DCA *1284 2000), approved on other grounds, 790 So.2d 1030 (Fla.2001); State v. Stevenson, 779 So.2d 549, 549 (Fla. 2d DCA 2001). With respect to this offense, we conclude that the analysis in Hearns does not compel a different result. Section 843.01 provides: Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s....

...nce to the person of such officer or legally authorized person, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (Emphasis added.) One of the elements of resisting arrest with violence under section 843.01 is either offering to do violence or actually doing it....

...er case (note 17, supra ). See City of St. Petersburg v. Calbeck, 121 So.2d 814 (Fla.App.2d 1960). [23] See, e.g., City of St. Petersburg v. Calbeck, notes 21 and 22, supra, where the facts also encompassed all, or at least some, of the elements of: Section 843.01, Florida Statutes, F.S.A., Resisting an officer without violence to his person; Section 847.04, Florida Statutes, F.S.A., Open profanity; and, Section 847.05, Florida Statutes, F.S.A., Using indecent or obscene language....

...dignity of the State of Florida.” It may be that the second count of the information was insufficient to charge any offense but, as it was not attacked, we will consider it in its most favorable light. The information appears to have been based on Section 843.01 Fla....

...e prison not exceeding two years, or by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars.” The second count of the information specifically alleged the violation of the first alternative of Sec. 843.01, supra, and the evidence showed conclusively that the alleged resistance was not offered to any attempted act of the deputy sheriff in the execution of legal process as was affirmatively alleged in the information....

...In this case the defendant was charged with the crime of aggravated assault at the time and place of the arrest and was acquitted of that charge. Therefore, the record fails to show that the defendant was amenable to prosecution under either phase of Sec. 843.01, Statutes of 1941....

...We note a general lack of specificity regarding the basis for Williams’s career offender enhancement, especially because the record suggests that, in addition to Williams’s convictions for battery on a law enforcement officer, Williams pled nolo contendere to resisting an officer with violence in violation of Fla. Stat. § 843.01, a third degree felony....

...State, supra, at 332 So.2d 355, [4] require that we engage in any such useless charade. For these reasons, I concur in the conclusion that the defendant should be discharged as to the charge of resisting arrest without violence. NOTES [1] We note that, although in the instant case appellant was charged under § 843.01, Fla....

...e offense of resisting an arrest without violence under § 843.02, Fla. Stat. (1977). It is this latter offense for which he was convicted (including the disorderly conduct charge). The appropriateness of § 843.02 as a lesser included offense under § 843.01 has not been raised in this appeal; however, we further note that, pursuant to the criteria articulated in Brown v....

...[1] Although the issue is not before us, I believe, contrary to Judge Kehoe's view as expressed in the footnote to his opinion, that resisting arrest without violence under § 843.02, is a necessarily lesser included offense of the charge of resisting with violence under § 843.01....

...Griffin, law enforcement officers employed by University of West Florida Police in the lawful execution of a legal duty, to-wit: arresting the defendant, by offering or doing violence to the person of said Officers ... by fighting and struggling with said officers, in violation of Section 843.01, Florida Statutes....

...t subsection 782.04(1)(a)], and subsection 316.193(3)(c) 3, and section 327.351(2) Category 2: Sexual offenses: Chapters 794 and 800 and section 826.04 Category 3: Robbery: Section 812.13 Category 4: Violent personal crimes: Chapters 784 and 836 and section 843.01 Category 5: Burglary: Chapter 810 and subsection 806.13(3) Category 6: Thefts, forgery, fraud: Chapters 322, 409, 443, 509, 812 (except section 812.13), 815, 817, 831, and 832 Category 7: Drugs: Chapter 893 Category 8: Weapons: Chapter 790 and section 944.40 Category 9: All other felony offenses d....

...4th DCA 1984), which conflicts with a decision of this Court, State v. Carpenter, 417 So.2d 986 (Fla. 1982). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. In this case we are presented, as we were in Carpenter, with the question of whether resisting an officer with violence, section 843.01, Florida Statutes (1983), is a lesser included offense of battery on a law enforcement officer, section 784.07, Florida Statutes (1983), and again we reach the conclusion that it is not....

...violence and affirming the other three convictions. In reaching its conclusion that resisting an officer with violence is a lesser included offense of battery on a law enforcement officer, the district court reasoned "[a]ll the elements contained in section 843.01 must be proved, along with more, in order to sustain a conviction under section 784.07." Henriquez, 463 So.2d at 1180....

...State, 468 So.2d 971, 976-77 (Fla. 1985). The elements of resisting an officer with violence are 1) knowingly 2) resisting, obstructing or opposing a law enforcement officer 3) in the lawful execution of any legal duty 4) by offering or doing violence to his person. § 843.01, Fla....

...In Carpenter after comparing the statutory elements of each offense, we concluded that [w]hile resisting arrest with violence and battery on a law enforcement officer are similar offenses, and while they usually happen in conjunction with one another, one does not necessarily involve the other. Under section 843.01, Florida Statutes (1979), one could obstruct or oppose a law enforcement officer by threatening violence and still at the same time not be committing a battery on the law enforcement officer as proscribed in section 784.07, Florida Statutes (1979)....

...learly controlling case. [3] The acts leading to the convictions in Carpenter are indistinguishable from those of the instant case. In Carpenter the defendant attacked a police officer during the course of an arrest. He was then convicted under both section 843.01 and section 784.07, Florida Statutes (1979)....

...If it was not, appellant is entitled to be discharged on all counts. If, however, the arrest by Bowling was lawful, we have to consider a corollary question of whether the counts involving Deputy Gulbrand were defective. In order for Kirby to be found guilty of the charge brought under F.S. 1967, Section 843.01, F.S.A., of obstructing an officer in the execution of his legal duty with violence, it would be necessary for the state to prove that Bowling was attempting to make an arrest which he had *621 lawful authority to make without a warrant....

...Public Defender, and Robert S. Laing, Legal Intern, Bartow, for appellant. Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee. SCHEB, Judge. Appellant was charged with resisting an officer with violence contrary to Fla. Stat. § 843.01 and two counts of possessing a controlled substance in violation of Fla. Stat. § 893.13(1)(e). He pled nolo contendere, preserving his rights on appeal, and was sentenced to two years. He contends that he could not be guilty of violating Fla. Stat. § 843.01, because the officer was acting illegally, and furthermore, that the controlled substance found on his person should have been suppressed because the search was unjustified....

...See Wong Sun v. United States, 1963, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441; D'Agostino v. State, Fla. 1975, 310 So.2d 12. Since the actions of the officer were unjustified, appellant could not be charged with resisting the officer under Fla. Stat. § 843.01....

...been legislatively overruled by the adoption in 1988 of section 775.021(4)(b), Florida Statutes. In Pierce v. State, 681 So.2d 873 (Fla. 1st DCA 1996), this court held that multiple convictions for resisting an officer with violence in violation of section 843.01, Florida Statutes, which all arose during a single incident were precluded by the double jeopardy clause because that statute prohibits resisting, obstructing or opposing "any officer." We reached that conclusion by applying the *1224...

...notwithstanding the fact that both charges arose out of a single incident during which two different officers were involved. In a lengthy opinion, the Wallace court noted its disagreement with Pierce, apparently because it believed that, as used in section 843.01, " any does not define the `allowable unit of prosecution'—merely the class of officers to whom the statute's protection is intended." 689 So.2d at 1163....

...some common elements of proof and are often committed in conjunction with one another. A conviction for either offense requires proof that the officer was engaged in the performance of a lawful duty. See State v. Henriquez, 485 So.2d 414 (Fla.1986). Section 843.01, Florida Statutes states in material part, that "[w]hoever knowingly and willfully resists, obstructs, or opposes any officer ......

...In either case, if the officer reasonably believed that the arrest was lawful, the defendant is not justified in using force. As previously explained, however, this principle applies only if the defendant is charged with resisting arrest. If the defendant is charged under section 843.01 with the crime of resisting or opposing an officer in the performance of some other duty, the state must prove that the duty was lawful....

...Criminal Act (ACCA). It contends that Hill’s prior convictions for battery on a law enforcement officer, in violation of Florida Statutes sections 784.03 and 784.07(2)(b), and resisting an officer with violence, in violation of Florida Statutes section 843.01, constitute violent felonies under the ACCA, see 18 U.S.C....

...Section 924(e)(2)(B)(i) defines a violent felony as a crime that is punishable 1 We acknowledge that we have previously held that battery on a law enforcement officer, in violation of Florida Statutes sections 784.03 and 784.07(2)(b), and resisting an officer with violence, in violation of Florida Statutes section 843.01, qualified as violent felonies under the ACCA’s residual clause....

...2002). In Florida, any person who “knowingly and willfully resists, obstructs, or opposes any officer . . . in the lawful execution of any legal duty, by offering or doing violence to the person of such officer,” is guilty of resisting an officer with violence—a third degree felony. See Fla. Stat. § 843.01....

...held that a prior conviction for resisting an officer with violence categorically qualifies as a violent felony under the elements clause of the ACCA. See United States v. Romo-Villalobos, 674 F.3d 1246, 1251 (11th Cir. 2012) (per curiam) (concluding that a conviction under section 843.01 “is sufficient for liability under the first prong of the ACCA” (internal quotation marks omitted)). Therefore, we conclude that the district court erred in finding that Hill’s Florida conviction for resisting an officer with violence under section 843.01 did not constitute a violent felony under the ACCA....

...As is apparent from the foregoing discussion of the elements of an offense under section 843.02, the act of resisting, obstructing, or opposing need not be directed toward an attempted arrest. See Tillman, 934 So.2d at 1269 (stating that the crime proscribed by section 843.01—resisting an officer with violence—"has sometimes been described inaccurately as `resisting arrest with violence'")....

...Public Defender, Bradenton, for appellant. Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee. SCHEB, Judge. The appellant was charged with resisting arrest with violence contrary to Fla. Stat. § 843.01 and was tried by jury....

...be lawful, Canney v. State, Fla. App.2d 1973, 298 So.2d 495, still there must be legal grounds for the arrest for it to be valid. See City of Miami v. Albro, Fla. App.3d 1960, 120 So.2d 23. The arrestee cannot be convicted under either Fla. Stat. §§ 843.01 or 843.02, unless the arrest is lawful....

...HOBSON, Acting C.J., and GRIMES, J., concur. NOTES [1] See, e.g., Chevigny, The Right to Resist an Unlawful Arrest, 78 Yale L.J. 1128 (1969); Annot., Modern Status of Rules as to Right to Forcefully Resist Illegal Arrest, 44 A.L.R.3d 1078 (1972). [2] Although Fla. Stat. § 843.01 provides: "Whoever knowingly and willfully resists, obstructs or opposes any sheriff, ......

...to warrant the officer's subsequent actions in chasing, arresting, and ultimately searching appellant. Alternatively, we note that appellant was originally charged by information with resisting an officer with violence to his person in violation of section 843.01....

...State, 454 So.2d 707 (Fla. 1st DCA 1984), indicates that a determination of impropriety in an officer's performance of his legal duty at the time of a defendant's forcible resistance of that officer is not a defense to the charge of resisting an officer under section 843.01....

...isting arrest with violence even where the underlying arrest is unlawful. As is evident from K.Y.E., *915 supra, Ivester v. State, 398 So.2d 926 (Fla. 1st DCA 1981), Lowery v. State, 356 So.2d 1325 (Fla. 4th DCA 1978), and many other cases, sections 843.01 and 776.051(1) penalize a defendant's resistance of an unlawful arrest with violence....

...As noted above, the illegality of an underlying arrest is not alone sufficient as a defense to a charge of resisting arrest with force or violence. K.Y.E., supra. Appellant could therefore have been properly convicted of resisting arrest with violence under section 843.01....

...Rodriguez ran inside and began pummeling the deputy. Other law enforcement officers arrived, and one of them arrested Mrs. Rodriguez. THE CONVICTIONS Mrs. Rodriguez's trial was held in January 2005. She was convicted of resisting an officer with violence, § 843.01, Fla....

...in the charge for resisting an officer. See State v. Henriquez, 485 So.2d 414, 415-16 (Fla. 1986). An element of both crimes is that the law enforcement officer must be lawfully executing a legal duty when the obstruction or the battery takes place. § 843.01 (requiring that the officer be "in the lawful execution of any legal duty"); § 784.07(2) (specifying that the officer be "engaged in the lawful performance of his or her duties")....

...2d DCA 2005) (answering in the negative the question of "whether the illegality of a stop 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....

...extended beyond an arrest situation to other types of police-citizen encounters. Tillman v. State, 934 So.2d 1263, 1266 (Fla. 2006). Noting that the legislature had placed the element of lawful execution of a legal duty in both section 784.07(2) and 843.01, the court explained that in prosecutions under either statute for crimes committed outside an arrest situation, the State must prove that the officer was acting lawfully....

...Accordingly, we must determine whether the State's evidence against Mrs. Rodriguez proved that the deputy was lawfully executing a legal duty at the time of their encounter. [1] *837 Tillman instructs that when determining whether the evidence proved the "lawful execution" elements of sections 784.07(2) and 843.01, we must apply the "legal standards governing the duty undertaken by the law enforcement officer at the point that an assault, battery, or act of violent resistance occurs." 934 So.2d at 1271; see also Yarusso, 942 So.2d at 942....

...In addition, we find it significant here that the only person who arguably could have been "incite[d to] an immediate breach of the peace" was the deputy who had been sent to the scene to keep the peace. Appellant's conviction for disorderly conduct is reversed but her conviction under § 843.01, Florida Statutes (1975), for resisting arrest with violence is affirmed....

...Vasquez contends that his actions constituted a continuous resistance to the ongoing attempt by the law enforcement officers to effect his arrest and take him into custody. Therefore, he argues that he may only be convicted of one charge of resisting pursuant to section 843.01, Florida Statutes (1999)....

...Facially, this argument has merit because the supreme court in Wallace v. State, 724 So.2d 1176 (Fla. 1998) held that a defendant who engages in continuous resistance to the ongoing attempts of law enforcement officers to effect his arrest commits a single instance of obstruction under section 843.01, and may be convicted of only one count of *1070 resisting even where several officers are involved in the effort to arrest him....

...Gen., Daytona Beach, for appellee. *111 ORFINGER, Judge. From his conviction for resisting an officer with violence and simple assault, defendant appeals. We affirm in part and reverse in part. Benjamin was charged with resisting an officer with violence under section 843.01, Florida Statutes (1983) (Count I) and assault on a law enforcement officer under section 784.07(2) (Count II)....

...2d DCA 1981). But, the use of force or violence against a person reasonably known to be a police officer is unlawful even where the arrest is not lawful. As stated by this court in State v. Barnard, 405 So.2d 210 (Fla. 5th DCA 1981): Thus, after July 1, 1975, section 843.01 must be read in pari materia with section 776.051 [2]; 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....

...cer. *112 Id. at 210. See also, Davis v. State, 381 So.2d 285 (Fla. 1st DCA 1980); Lowery v. State, 356 So.2d 1325 (Fla. 4th DCA 1978). Thus it becomes unnecessary for the State to prove the lawfulness of the arrest where the charge is brought under section 843.01, resisting arrest with violence....

...Butterworth, Attorney General; Elizabeth Fletcher Duffy, Assistant Attorney General, Tallahassee, for Appellee. BROWNING, J. A jury found 24-year-old Wilton James Langston (Appellant) guilty of escape pursuant to section 944.40, Florida Statutes (1997); and resisting an officer with violence pursuant to section 843.01, Florida Statutes (1997)....

...Ct. 2243, 2248 (2016). Defendant’s PSR identified four ACCA-qualifying convictions: (1) aggravated assault with intent to commit a felony in violation of Fla. Stat. § 784.021; (2) resisting an officer with violence in violation of Fla. Stat. § 843.01; (3) third- degree felony battery in violation of Fla....

...It was not until a fourth officer arrived that the officers were able to subdue and handcuff Dixon. Dixon argues that, based on these events, the trial court erred in adjudicating him guilty of two counts of resisting an officer with violence. He maintains that this was one continuous episode of obstruction under section 843.01, Florida Statutes (1999)....

...Appellant also argues the trial court erred when it sentenced him to concurrent terms of five years drug offender probation on the battery on a law enforcement officer offense (count III), a violation of section 784.03(1)(b), resisting arrest with violence offense (count IV), a violation of section 843.01, and criminal mischief offense (count V), a violation of section 806.13(1)(a), because these are not section 893.13 enumerated offenses as set forth in section 948.034(2), Florida Statutes (Supp....

...The only question that, the Defense issues that can be inquired into on that point include of course the use of force. An essential element of the offense under Count Three was that the arresting *72 officers were engaged "in the execution of legal process or in the lawful execution of any legal duty." See § 843.01, Fla....

...an essential element of the offense of resisting an officer with violence to his person; and (3) whether the trial court erred in ruling that there was sufficient evidence to establish his arrest where there was no actual or constructive detention. Section 843.01, Florida Statutes (1975), provides, among other things, that whoever knowingly and willfully resists, obstructs, or opposes any deputy sheriff or municipal police officer in the lawful execution of any legal duty by doing violence to the person of such officer shall be guilty of a felony of the third degree....

...Thereafter, when the officer pursued appellant onto the premises for the purpose of retaking him, the officer was acting within the scope of his legal duty pursuant to Section 901.22, Florida Statutes (1975). Accordingly, when appellant did violence to the officer, as found by the jury, appellant was guilty of violating Section 843.01, Florida Statutes (1975)....

...The jury's misapprehension may have been further compounded by the court's failure to give appellants' requested instruction 2.8 to the effect that resisting arrest with violence was a violent felony to the person of another as contemplated by the order. See, Fla. Stat. § 843.01....

...Weisbrod, Asst. Atty. Gen., Tampa, for appellee. OTT, Chief Judge. We affirm appellant's judgment and sentence for second degree grand theft in violation of section 812.014(2)(b), Florida Statutes (1981), and resisting arrest with violence in violation of section 843.01, Florida Statutes (1981)....

...See Jacobson v. State, 476 So.2d 1282, 1287 (Fla.1985)("section 843.02 ... does not require that the officer be attempting to arrest the suspect") citing Kaiser v. State, 328 So.2d 570 (Fla. 3d DCA 1976) (charge of resisting officer with violence, section 843.01, proper when officer has legal right to detain suspect for questioning)....

...with resisting, obstructing or opposing a municipal police officer, George T. Stenzel, in the lawful performance of a legal duty by offering or doing violence to the person of George T. Stenzel, by striking said officer with a blackjack contrary to Section 843.01, Florida Statutes (1977)....

...moving from the fronton premises. The order appealed from is reversed and the case remanded for further proceedings in accordance with this opinion. REVERSED AND REMANDED. MOORE, JOHN H., II, and BERANEK, JOHN R., Associate Judges, concur. NOTES [1] 843.01 Resisting officer with violence to his person....

...1501, 89 L.Ed.2d 901 (1986)). All those factors exist in the present case, but in this case, unlike Steele, appellant also objected to the court's failure to give the instruction. It is therefore unnecessary to reach the question of fundamental error here. [2] Section 843.01, Florida Statutes (1997), which defines the crime of resisting an officer with violence, includes a specific knowledge requirement.

...Rehearing Denied October 29, 1981. Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellant. S.G. Green, Orlando, for appellee. ORFINGER, Judge. Appellee was charged with two counts of resisting arrest with violence under section 843.01, Florida Statutes (1979)....

...The State traversed the factual recitations so we face only the question of law, viz: does a warrantless felony arrest in a defendant's home justify the use of force to resist such arrest? The correct rule on the subject has been stated in Lowery v. State, 356 So.2d 1325 (Fla. 4th DCA 1978): Thus, after July 1, 1975, section 843.01 must be read in pari materia with section 776.051; [2] 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....

...ng to elude a law enforcement officer be prosecuted as discrete offenses notwithstanding that all occurred during a single episode. Cf. Pierce v. State, 681 So.2d 873 (Fla. 1st DCA 1996) (applying the Grappin/ Watts test and holding that pursuant to section 843.01, Florida Statutes, which proscribes "knowingly and willfully resist[ing], obstruct[ing], or oppos[ing] any [law enforcement] officer," only one conviction was permitted notwithstanding that the defendant resisted or opposed three officers during a single incident)....

...However, section 776.051(1), Florida Statutes, provides: A person is not justified in the use of force to resist an arrest by a law enforcement officer who is known, or reasonably appears, to be a law enforcement officer. We have relied on this statute to hold that: after July 1, 1975, section 843.01 must be read in pari materia with section 776.051; the end result being that the *109 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....

...er. Tillman's final argument, regarding the imposition of the collections court program, was not preserved for appeal. AFFIRMED. PETERSON and GRIFFIN, JJ., concur. NOTES [1] § 784.07, Fla. Stat. (1997); Fla. Std. Jury Instr. (Crim). 1412, 1447. [2] § 843.01, Fla....

...ther than probable cause to arrest. M.C., 450 So.2d at 337. Again in Kaiser v. State, 328 So.2d 570 (Fla. 3d DCA 1976), the Third District held that a defendant could be convicted of resisting an officer with violence to his person, as proscribed by Section 843.01, Florida Statutes (1973), which, in language also similar to section 784.07(2), required that the law enforcement officer or other person be "legally authorized to execute process, in the execution of legal process or in the lawful exe...

...ROBERTS, Justice. This cause is before us on direct appeal to review an order from the Circuit Court of Duval County granting appellee's motion to dismiss an information charging him with violating Section 847.04, Florida Statutes, F.S.A. (1971), and Section 843.01 (1971), and holding Section 847.04 unconstitutional *245 thereby vesting jurisdiction in this Court pursuant to Article V, Section 3(b)(1), Florida Constitution, as amended 1973, F.S.A....

...Appellee was informed against for the use of profane, vulgar, and indecent language, to-wit: "mother f____," in a public place so as to be heard by others, contrary to the provisions of Section 847.04, Florida Statutes, and for resisting arrest with violence contrary to the provisions of Section 843.01, Florida Statutes, F.S.A....

...tions of the State of Florida and of the United States. Having heard oral argument, the trial judge entered an order granting appellee's motion to dismiss the information charging him with violating Fla. Stat. § 847.04, F.S.A. (1971) and Fla. Stat. § 843.01, F.S.A....

...Stat. § 847.04 (1971) — `Profane, Vulgar, and Indecent' do not provide the fair warning to the public that due process requires." Relative to count two of the information, the trial court concluded: "Defendant is charged with violating Fla. Stat. § 843.01 (1971) in that he resisted arrest for an alleged violation of Fla....

...e language sought to be proscribed by this statute. In addition to the allegations of vagueness, and overbreadth which were discussed by the trial court in its order of dismissal, appellee alleged in his motion to dismiss before the trial court that Section 843.01, Florida Statutes, F.S.A....

...— Resisting Arrest with Violence — was unconstitutionally vague and that the statutes upon which the information was based are violative of the equal protection clause as applied and enforced. The trial court did not rule on the constitutionality vel non of Section 843.01, Florida Statutes, F.S.A. but rather found that since Section 847.04 is unconstitutional, the arrest of appellee was unlawful, and therefore Section 843.01 had not been violated. Appellee filed a cross assignment of error in the instant cause before this court alleging that the first count (violation of Section 847.04) and second count (violation of Section 843.01) of the information filed against him should be dismissed as violative of due process and equal protection provisions of the Constitution. However, in his brief submitted to this Court, appellee not only fails to raise any argument in support of his violation of equal protection contention but also fails to make any mention whatsoever as to the constitutionality vel non of Section 843.01, Florida Statutes....

...(Profane Language Statute) is constitutional, the order of the trial court is reversed, and this cause is remanded with instructions to reinstate the information filed against petitioner charging violation of Section 847.04, Florida Statutes, F.S.A. (1971), and charging violation of Section 843.01, Florida Statutes, F.S.A....

...)(a)), subsection 316.193(3)(c)3, and subsection 327.351(2). Category 2: Sexual offenses: Chapters 794 and 800, section 826.04, and section 491.0112. Category 3: Robbery: Section 812.13. Category 4: Violent personal crimes: Chapters 784 and 836, and section 843.01, and subsection 381.411(4)....

...Public Defender, Tampa, for appellant. Jim Smith, Atty. Gen., and James S. Purdy, Asst. Atty. Gen., Tampa, for appellee. OVERTON, Justice. This is an appeal from a circuit court's judgment which directly upheld the constitutional validity of that portion of section 843.01, Florida Statutes (1977), which makes unlawful an offer to do violence to a law enforcement officer....

...Williams informed the police that Scullock was armed with a .22 caliber revolver. Upon Scullock's surrender, approximately two hours after police arrival, officers did seize a .22 caliber pistol inside the apartment. Scullock was subsequently convicted on two counts of resisting arrest with violence in violation of section 843.01, Florida Statutes (1977). Section 843.01, Florida Statutes, states in relevant part: *683 Whoever knowingly and willfully resists ......

...any sheriff [or legal officer] ... in the execution of legal process ... by offering or doing violence to the person of such officer ... shall be guilty of a felony of the third degree... . The appellant moved to dismiss the information, contending that section 843.01 was unconstitutional and specifically asserting that the phrase "by offering ......

...denied, 421 U.S. 918, 95 S.Ct. 1582, 43 L.Ed.2d 786 (1975); State v. Lindsay, 284 So.2d 377 (Fla. 1973). The issue in the instant case is whether the phrase "offering ... violence" is vague and indefinite so as to inadequately define the prohibited activity under section 843.01....

...The construction of "offer" in these statutes appears wholly consistent with the forementioned definitions. The alleged ambiguity of the phrase "offering ... violence" must be considered within this overall framework. We acknowledge the general definitions of the word "offer"; we note that the phrase is included in section 843.01, entitled "Resisting an officer with violence to his person"; and we are cognizant of the statutory scheme in which the word "offer" is commonly used to define criminal activity....

...By his conduct appellant proposed or threatened to inflict violent harm to the officers, indicating a willingness and having the capacity to achieve that result. We find that a person of ordinary understanding and intelligence would find this conduct to be prohibited by section 843.01....

...Powell, 262 So.2d 881 (Fla. 1972). There is a presumption *684 of constitutionality inherent in any statutory analysis, State v. Bales, 343 So.2d 9 (Fla. 1977), and the arguments advanced by the appellant are not adequate to overcome that presumption. In our view section 843.01 is sufficiently definite and is constitutional....

...Hearns, 961 So.2d 211 (Fla.2007); Brookens v. State, 963 So.2d 901 (Fla. 5th DCA 2007). However, the trial court did not err in sentencing Rawlings as a PRR for resisting an officer with violence because violence is a necessary element of the offense. See § 843.01, Fla....

...Daniels, Public Defender, Kathleen Stover, Assistant Public Defender, and Joel T. Remland, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee. BENTON, J. Resisting an officer with violence, in violation of section 843.01, Florida Statutes (2006), is a "felony that involves the use or threat of physical force or violence against an individual," and so is punishable under the prison releasee reoffender statute....

...within 3 years after [the felon's] ... release[] from a state correctional facility." § 775.082(9)(a)1. o., Fla. Stat. (2006). Appellant stands convicted of "resisting officer with violence to his or her person" during the relevant time period, in violation of section 843.01, which provides: Whoever knowingly and willfully resists... any officer ... in the lawful execution of any legal duty, by offering or doing violence to the person of such officer ... is guilty of a felony of the third degree.... § 843.01, Fla....

...o., any felony— or felony attempt—that, like appellant's, occurs within the relevant time period qualifies as punishable by prison releasee reoffender sentencing if an element of the felony involves even the threat of violence. In this regard, resisting an officer with violence to his or her person, in violation of section 843.01, differs significantly from simple battery on a law enforcement officer, which the Hearns court ruled did not qualify as a forcible felony....

...State, 355 So.2d 816, 817 (Fla. 3d DCA 1978) ("[I]t is clear that the force used in criminal battery need not be sufficient to injure."). Unlike battery on a law enforcement officer, however, resisting an officer with violence to his or her person in violation of section 843.01, does qualify for prison releasee reoffender sentencing....

...For these reasons, we approve Scott and we quash the decision under review and remand it for further proceedings consistent with this opinion. It is so ordered. BARKETT, C.J., and OVERTON, SHAW, GRIMES, KOGAN and HARDING, JJ., concur. NOTES [1] § 893.13(1)(f), Fla. Stat. (1989). [2] Section 843.01, Fla....

...Thus, the narrow question in this appeal is whether Yarusso's act of getting into his truck, driving away from a consensual encounter, and *942 hitting a police officer while driving away can support a conviction for resisting or obstructing an officer with violence. We hold under the facts presented here that it cannot. Section 843.01, Florida Statutes (2004), defines the crime of resisting an officer with violence as follows: Whoever knowingly and willfully resists, obstructs, or opposes any officer ....

...ccurred and whether Yarusso's act of driving away constituted "resisting." The Florida Supreme Court recently addressed how courts should analyze the question of whether an officer is "engaged in the lawful execution of a legal duty" for purposes of section 843.01....

...not been limited to cases involving possession of multiple articles of the same type of contraband. See, e.g., Wallace v. State, 724 So.2d 1176 (Fla. 1998) (defendant resisting two officers in one episode subject to single unit of prosecution under Section 843.01 which prohibits resisting "any" officer)....

...State, 156 Fla. 692, 24 So.2d 98 (1945); Kirby v. State, 217 So.2d 619 (4th DCA Fla. 1969). See Jones v. State, 293 So.2d 116 (3d DCA Fla. 1974); Smith v. State, 292 So.2d 69 (3d DCA Fla. 1974); Rosenberg v. State, 264 So.2d 68 (4th DCA Fla. 1972); F.S. 843.01 (1973)....

...has breached the peace? If it does, as the State contends, then the arrest was proper and Phillips was guilty of the charge of resisting. If not, as the appellant contends, then Phillips should be exonerated. *621 The critical statutes are these: "F.S. 843.01 (1973) Resisting officer with violence to his person....

...However, we do not think its relevancy and materiality were also comprised in counsel's abbreviated proffer. See McD. v. State, 422 So.2d 336 (Fla. 3rd DCA 1982). AFFIRMED. DAUKSCH and UPCHURCH, JJ., concur. NOTES [1] Woodson was charged with resisting arrest with violence, section 843.01, Florida Statutes (1983), and was convicted of resisting arrest without violence, section 843.02, Florida Statutes (1983)....

...the conclusion of the State's case because there was sufficient evidence to show that the deputies were in the lawful execution of a legal duty at the time they pursued and subdued the defendant. AFFIRMED. DAUKSCH and COWART, JJ., concur. NOTES [1] § 843.01, Fla....

...e time of offense. The batteries occurred while the officers were executing an allegedly illegal misdemeanor warrant. The appellate court held: [J]ust as the appellant is not justified in using force to resist an unlawful arrest pursuant to Sections 843.01 and 776.051(1), Florida Statutes (1977), neither is he justified in committing a battery to resist an unlawful arrest pursuant to Section 784.07, Florida Statutes (1977). Id. at 110. In Meeks the court cites Lowrey v. State, 356 So.2d 1325 (Fla.4th DCA 1978), which dealt with resisting an unlawful arrest under Section 843.01, Florida Statutes. [2] In Lowrey, the court stated that Sections 776.051 and 843.01 must be read together....

...te the information *868 and for further proceedings in accordance with this opinion. REVERSED and REMANDED. BOARDMAN and RYDER, JJ., concur. NOTES [1] Johnson was charged with a violation of § 562.12(1), Fla. Stat., a second-degree misdemeanor. [2] Section 843.01 refers to the officer as being "in the lawful execution of any legal duty."

...cutting the inside of his mouth. Appellant was finally placed in the paddy wagon and taken to the police station. Appellant contends that the state is required to prove a lawful arrest as a necessary element in its prosecution for violation of F.S. § 843.01, F.S.A., Resisting Officer with Violence to his Person....

...These offenses are clearly separate. Resisting an officer with violence consists of 1) knowingly 2) resisting, obstructing or opposing a law enforcement officer 3) in the lawful execution of any legal duty 4) by offering or doing violence to his person. Section 843.01, Florida Statutes (1983)....

...David, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. In this direct criminal appeal, the appellant challenges convictions and sentences imposed for various offenses, including three counts of resisting an officer with violence as proscribed by section 843.01, Florida Statutes....

...Butterworth, Attorney General, Tallahassee, and Steven J. Guardiano, Assistant Attorney General, Daytona Beach, for Appellee. THOMPSON, Judge. Donald Eugene Wright appeals his conviction for resisting a law enforcement officer with violence, a violation of section 843.01, Florida Statutes (1995)....

...2d DCA 1991) (holding that aggravated battery defendant not entitled to instruction on justifiable use of deadly force where defendant denied on the stand using knife on victim). Wright's challenge to the sufficiency of the evidence fails, as well. One violates section 843.01, Florida Statutes (1995), by "offering or doing violence" to a law enforcement officer....

...Thus, the state was not required to prove that Wright actually struck either officer. Evidence that Wright struggled, kicked, and flailed his arms and legs was sufficient to show that he offered to do violence to the officers within the meaning of *854 section 843.01....

...man's house. After being greeted at the door with profanity upon their second visit, the deputies declared the party an "unlawful assembly" and ordered the partygoers to disperse. A fracas broke out at that point. Arrested and charged with violating Section 843.01, Florida Statutes (1981), were Anthony David Mond, Jeffrey Alan Russell, Enos Leroy Russell, James Edward Schmidt, McCord Wayne Pittman, Thomas Michael Llewellyn, and Ernest Clifford Russell....

...He further orally requested a jury instruction on the defendants' right to defend themselves against the use of unlawful force by the deputies. That request was denied, and the trial court gave Florida Standard Jury Instruction 3.04(d). Pittman, Mond, and E.L. Russell were convicted for violating Section 843.01, Florida Statutes (1981)....

...or by engaging in physical combat with him, thus denying the officer the opportunity to continue his legal duty to investigate the cause of the fresh body damage to defendant's vehicle. See Clarke v. State, Fla.App. 1974, 303 So.2d 35 and Fla. Stat. § 843.01, F.S.A [1] § 21-26 of the Code of Metropolitan Dade County. [2] Affirmed. NOTES [1] "843.01 Resisting officer with violence to his person "Whoever knowingly and willfully resists, obstructs or opposes any sheriff, deputy sheriff, officer of the Florida highway patrol, municipal police officer, beverage enforcement agent, officer of t...

...No record was kept of the proceedings up to the time of his conviction. The defendant has made proper offer to go to trial on a plea of not guilty. Further, it appears he has a meritorious defense, i.e., that the arrest he is alleged to have resisted was an unlawful one. As to this latter point, § 843.01, Fla....

...State, 760 So.2d 287, 288 (Fla. 5th DCA 2000); see also Casselman v. State, 761 So.2d 482 (Fla. 5th DCA 2000). However, a continuous resistance to the ongoing attempt to effect a defendant's arrest constitutes a single instance of resisting an officer under section 843.01, Florida Statutes (1999)....

...Our per curiam opinion filed October 4, 1978 is hereby withdrawn and our Revised Opinion of even date herewith is substituted in its place and stead. 2. Appellant's Petition for Rehearing is denied. REVISED OPINION PER CURIAM. An information alleged that appellant violated Section 843.01, Florida Statutes (1975) by resisting, obstructing or opposing a municipal police officer in the lawful execution of a legal duty by offering or doing violence to such officer....

..., Florida Statutes (1975), may conduct a lawful investigation outside his territorial jurisdiction. Where an individual with violence obstructs an officer, engaged in the lawful execution of a legal duty, viz — that of investigation, a violation of Section 843.01 has been committed....

...ask the officers to conduct their investigation *107 outside and to take the minor out with them. That behavior was not sufficient to sustain a charge of resisting or obstructing an officer in the lawful execution of his legal duty under either F.S. § 843.01 or F.S....

...State, 416 So.2d 1161 (Fla. 2d DCA 1981), on grounds of direct and express conflict with decisions of this Court. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Petitioner was brought to trial on a charge of resisting arrest with violence pursuant to section 843.01, Florida Statutes (1979). At the prosecutor's request, over defense objection, the jury was instructed on attempted resisting arrest with violence as a lesser-included offense and the jury returned a verdict of guilty of attempted resisting arrest with violence. In fact, section 843.01 makes the attempt a part of the crime....

...Sykes and Achin control the case at bar, and this district court has reached the result those decisions mandate. Therefore, the decision of the district court is approved and this cause is remanded for a new trial. It is so ordered. ALDERMAN, C.J., and ADKINS, BOYD, OVERTON, McDONALD and SHAW, JJ., concur. NOTES [1] 843.01 Resisting officer with violence to his person....

...Light conceded his guilt on the remaining charge of discharging a firearm in public, he is not entitled to relief from that conviction. Reversed and remanded. SALCINES and STRINGER, JJ., Concur. NOTES [1] See §§ 784.021(1)(a), .07(2)(c), Fla. Stat. (1993). [2] See § 843.01, Fla....

...Helm, Asst. Public Defender, Bartow, for appellant. Jim Smith, Atty. Gen., Tallahassee and James A. Young, Asst. Atty. Gen., Tampa, for appellee. RYDER, Acting Chief Judge. Savage was convicted of resisting a law enforcement officer with violence, section 843.01, Florida Statutes (1983) and battery of an officer, section 784.07, Florida Statutes (1983), both arising out of the same episode, and sentenced to three-and-one-half years for each crime to be served concurrently....

...ontained in the offense of battery of a law enforcement officer, thus a defendant could not be convicted for both crimes based on the same incident. 463 So.2d at 1180. A close reading of the two statutes, however, reveals this is not the case. See §§ 843.01 and 784.07, Fla....

...Resisting an officer with violence is committed by "whoever knowingly and willfully resists, obstructs, or opposes" any enumerated officer "in the lawful execution of any legal duty, by offering or doing violence to the person of such officer... ." § 843.01, Fla....

...n for the sentences earlier imposed on the Count I and IV convictions, but did not reduce the ten-year habitual felony offender sentences to the five-year statutory maximums that apply, absent habitualization. Because both resisting an officer under section 843.01, Florida Statutes (2002), and battery of a law enforcement officer under section 784.07(2)(b), Florida Statutes (2002), are third-degree felonies subject to maximum sentences of five years under section 775.082(9)(a)(3)(d), Florida Sta...

...The record clearly establishes that Gilchrist, when contacted by the officers, unquestionably resorted to violence. Therefore, dismissal of this count was clearly erroneous. REVERSED. FRANK D. UPCHURCH, Jr. and COWART, JJ., concur. NOTES [1] Fla.R.Crim.P. 3.190(c)(4). [2] § 843.01, Fla....

...2d DCA 1993) (reversing and remanding habitual offender sentence, where appellate court was unable to determine whether trial judge had construed permissive sentencing provision to be mandatory); Smith v. State, 574 So.2d 1195, 1197 (Fla. 3d DCA 1991). Section 843.01, Florida Statutes (1989), provides in pertinent part: Whoever knowingly and willfully resists, obstructs, or opposes any officer ......

...a law enforcement officer, TALLAHASSEE POLICE OFFICER CHUCK PERRY, in the lawful execution of a legal duty, EFFECTING AN ARREST, by offering violence or by doing violence to the officer by GRABBING, SWINGING FISTS, STRUGGLING, FIGHTING, contrary to Section 843.01, Florida Statutes....

...2d DCA) (en banc) (finding trial court lacks discretion in determination of habitual offender classification, but finding sentencing as habitual offender is discretionary), rev. den., 602 So.2d 942 (Fla. 1992). Both offenses of which Appellant was convicted are felonies of the third degree. See sections 784.07(2)(b) and 843.01, Florida Statutes (1989)....

...Wyche appeals her convictions and sentences of loitering for the purpose of prostitution and battery of a law enforcement officer. § 24-61, City of Tampa Code (1987); § 784.07, Fla. Stat. (1987). She does not contest her concurrent conviction and sentence for resisting an officer with violence. § 843.01, Fla....

...State, 557 So.2d 212 (Fla. 2d DCA 1990); Morley v. State, 362 So.2d 1013 (Fla. 1st DCA 1978); § 776.051(1), Fla. Stat. (1989). Affirmed in part; reversed in part and remanded. CAMPBELL, A.C.J., and SCHOONOVER, J., concur. NOTES [1] § 893.13(1)(a), Fla. Stat. (1989). [2] § 843.01, Fla....

...since the appellant was acquitted of the primary charges for which he was arrested. There is little merit to this contention. In order for the state to prove obstruction of an officer in the execution of his legal duty with violence under Fla. Stat. § 843.01, F.S.A., it is necessary to demonstrate that the officer was making an arrest which he had the lawful authority to make without a warrant....

...was acting as an off-duty policeman with the City of Miami, employed at the time as a security guard by Jefferson Department Store. Appellant therefore concludes that *71 the officer was not a "municipal police officer" within meaning the meaning of Section 843.01....

...Casselman also argues that all the elements of assault on a law enforcement officer and battery on a law enforcement officer are contained in the statute which addresses resisting an officer with violence. See §§ 784.07 (a)(2)(a); 784.011; 784.03; 784.07(2)(b) and 843.01, Fla.Stat....

...State, 446 So.2d 194 (Fla. 4th DCA 1984); Reynolds v. State, 429 So.2d 1331, 1333 (Fla. 5th DCA 1983). AFFIRMED in part; REVERSED in part; REMANDED for Resentencing. DAUKSCH and PLEUS, JJ., concur. NOTES [1] §§ 784.03, 784.07(2)(b), Fla.Stat. (1997). [2] § 843.01, Fla.Stat....

...slative committee of this state is pending or is about to be instituted, shall: (a) Alter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its verity or availability in such proceeding or investigation;. ... [8] Section 843.01 prescribes the offense of resisting an officer with violence, and provides: Whoever knowingly and willfully resists, obstructs, or opposes any officer ......

...State, 399 So.2d 70 (Fla. 5th DCA 1981), the court correctly noted: An essential element of the offense under Count Three was that the arresting officers were engaged "in the execution of legal process or in the lawful execution of any legal duty." See § 843.01, Fla....

...Licata v. State, 156 Fla. 692, 24 So.2d 98 (1945); Lee v. State, 368 So.2d 395 (Fla. 3rd DCA 1979), cert. denied, 378 So.2d 349 (Fla. 1979). 399 So.2d at 71. The state, however, argues that the following portion of the standard jury instructions [2] under Section 843.01 and 843.02 requires a contrary result: The court further instructs you that (read duty being performed from charge) constitutes [execution of legal process] [lawful execution of a legal duty]....

...The judgments are affirmed with respect to the simple battery counts, but the judgment on the third count is reversed and the case is remanded for a new trial on the charge of resisting without violence. BARFIELD, J., concurs. THOMPSON, J., dissents without opinion. NOTES [1] Sections 843.01 and 843.02, Florida Statutes (1981)....

...Napolitano's candor and professionalism in this case have assisted this court. [2] See § 810.02(2)(a), Fla. Stat. (1993). This offense is punishable as a first-degree felony with a term of imprisonment not exceeding life. [3] See § 784.045, Fla. Stat. (1993). This offense is punishable as a second-degree felony. [4] See § 843.01, Fla....

...The sentencing guidelines state that "[o]ffenses have been grouped into offense categories encompassing the following statutes ... ." Fla.R.Crim.P. 3.701(c) (emphasis added). The full definition of Category 4 is "Violent Personal Crimes: Chapters 784 and 836 and section 843.01 and subsection 381.411(4)." Fla.R.Crim.P....

...Lesser Included Offenses No lesser included offenses have been identified for this offense. See Silvestri v. State, 332 So.2d 351, 354 (Fla. 4th DCA 1976). Comment See Wright v. State, 58 So.2d 1024, 1030 (Fla. 1991) on how to instruct the jury on who qualifies as a law enforcement officer. See section 843.01, Fla....

...orts of Commissions of Crime 817.49 21.4 --------------------------------------------------- Comment See Wright v. State, 586 So.2d 1024, 1030 (Fla. 1991) on how to instruct the jury on who qualifies as a law enforcement officer. See Florida Statute § 843.01 for a list of law enforcement officers....

...n officer with violence. Appellant having presented no other point of reversible error, [1] we otherwise affirm the judgments and sentences appealed. Appellant was tried on various charges including resisting an officer with violence in violation of § 843.01, Florida Statutes. The jury returned a verdict of not guilty as to the charged offense, but found appellant guilty of attempted resisting an officer with violence. As delineated in Plummer v. State, 455 So.2d 550 (Fla. 1st DCA 1984), since § 843.01 proscribes offering to do the prohibited act, the attempt is therefore a part of the crime and there is no lesser included offense of attempted resisting an officer with violence....

...ed. Appellant's second point, in which he challenges the sufficiency of the evidence to support his conviction for resisting arrest with violence, on the grounds that the arresting officer was not engaged "in the lawful execution of any legal duty" (Section 843.01, Florida Statutes (1983)) at the time of the alleged offense, is wholly without merit....

...To convict a person of resisting arrest with violence, the state must prove that the defendant knowingly, intentionally, and unlawfully resisted an officer by offering to do violence or doing violence to him or her while the officer is engaged in the lawful execution of a legal duty. See § 843.01, Fla....

...§ 776.051(1), Fla. Stat. (2003). This statute has been construed to prohibit the use of violence in resisting an arrest, even if the arrest is illegal. "[C]ourts have consistently read section 776.051(1), Florida Statutes (1995), in pari materia with section 843.01 to eliminate [the requirement] that [the arrest be legal] as to the offense of resisting arrest with violence." State v....

...The offense of resisting an officer with violence occurs when a person "knowingly and willfully resists, obstructs, or opposes any officer . . . in the lawful execution of any legal duty, by offering or doing violence to the person of such officer or legally authorized person. . . ." § 843.01, Fla....

...We find that the trial court erred in denying appellant's motion and, accordingly, reverse. In 1984, a jury found appellant guilty of battery in violation of section 784.03, Florida Statutes (1983) (a first degree misdemeanor), resisting arrest with violence in violation of section 843.01, Florida Statutes (1983) (a third degree felony), and two counts of battery of a law enforcement officer in violation of section 784.07, Florida Statutes (1983) (third degree felonies)....

...At the time of the incident and of the second arrest, appellant was 17 years of age. A direct information was filed on June 24, 1986 charging appellant with battery of a law enforcement officer, resisting an officer without violence (section 843.02, Florida Statutes), resisting an officer with violence (section 843.01, Florida Statutes), and escape....

...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. NOTES [1] F.S.A. § 814.03(1) specifies not more than five years imprisonment for auto theft. F.S.A. § 843.01 specifies not more than two years imprisonment for resisting officer with violence.

...Jerry Hill, Public Defender, and Michael E. Raiden, Asst. Public Defender, Bartow, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Robert J. Krauss, Asst. Atty. Gen., Tampa, for appellee. GRIMES, Judge. Appellant appeals his conviction for resisting an officer with violence under section 843.01, Florida Statutes (1981)....

...urity guard. That issue was resolved by our sister court in State v. Robinson, 379 So.2d 712 (Fla. 5th DCA 1980). In Robinson, the trial court dismissed an information alleging Robinson resisted an officer with violence to his person in violation of § 843.01, Florida Statutes (1977)....

...Jacobson, of Farr, Farr, Haymans, Moseley & Odom, Punta Gorda, for appellee. SCHEB, Judge. The trial court directed a verdict of not guilty on a charge of disorderly conduct against the appellee. Thereafter, appellee sought dismissal of an information which charged him with violating Fla. Stat. § 843.01 by resisting arrest with violence, a charge which grew out of the arrest for disorderly conduct....

...1 The remaining material facts are largely undisputed. 2 After being handcuffed, Cu-tino was treated by emergency personnel outside the residence, and police transported him to a local hospital. Cutino was later charged with resisting an officer with violence. See Fla. Stat. § 843.01 ; DE 123-1 at 9-10 (Booking Report)....

...ment officer (3) who was in the lawful execution of any legal duty (4) by offering or doing violence to his person.” Yarusso v. State, 942 So.2d 939, 942 (Fla. 2d DCA 2006) (citing State v. Henriquez, 485 So.2d 414, 415 (Fla.1986)); see Fla. Stat. § 843.01 . A suspect may offer or do violence to an officer’s person even without striking him. See, e.g., Wright v. State, 681 So.2d 852, 853-54 (Fla. 5th DCA 1996) (suspect’s struggling, kicking, and flailing limbs held sufficient to support § 843.01 conviction)....

...629, 88 S.Ct. 1274, 20 L.Ed.2d 195 (1968). Simmons, 944 So.2d at 325. [3] After Watts, Florida courts have applied the "a/any" test as dispositive on the issue of what is a unit of prosecution. See Pierce v. State, 681 So.2d 873 (Fla. 1st DCA 1996) (section 843.01 permits only one conviction of resisting an officer during a single incident, involving multiple officers); Hill v....

...Daniels, Public Defender; Terry Carley, Assistant Public Defender, Tallahassee, for Appellant. Charlie Crist, Attorney General; Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee. BENTON, J. On direct appeal from his conviction for resisting an arresting officer with violence, in contravention of section 843.01, Florida Statutes (2002), Willie Fred Baucham contends that the trial court erred in precluding *96 cross-examination of the arresting officers about antecedent events which, he maintains, biased them against him, motivated their use o...

...Baucham's defense at trial was that he was defending himself against unlawful or excessive force. While "[n]onviolent resistance to an unlawful arrest is no crime[, s] ee State v. Espinosa, 686 So.2d 1345 (Fla.1996); State v. Saunders, 339 So.2d 641 (Fla.1976)," Sims v. State, 743 So.2d 97, 100 (Fla. 1st DCA 1999), section 843.01 condemns violent resistance even to an unlawful arrest....

...Gen., and John W. Tiedemann, Asst. Atty. Gen., Tallahassee, for petitioner. Martha Ann Lott, Gainesville, for respondent. OVERTON, Justice. This is a petition to review Graydon v. State, 492 So.2d 723 (Fla. 1st DCA 1986), in which the district court held that section 843.01, Florida Statutes (1985), relating to resisting an officer with violence, does not include state correctional officers. On the state's suggestion, the court certified the following question: Is section 843.01, Florida Statutes, violated when a state correctional officer is resisted while such officer is in the lawful execution of a legal duty? 492 So.2d at 724....

...In the instant case, the appellant, Marvin Graydon, a Union Correctional Institution inmate, had a physical encounter with a state corrections officer. Graydon was charged with battery of a law enforcement officer under section 784.07, Florida Statutes (1985), and with resisting an officer with violence under section 843.01, Florida Statutes (1985). He was found guilty of both offenses. The only issue before us is whether section 843.01 includes state Department of Correction officers within its provisions. That statute reads as follows: 843.01 Resisting officer with violence to his person....

...The state argues it is absurd to suggest that the legislature intended to criminalize resistance to county and municipal, but not state, correctional officers. The state further contends that since correctional officers are legally authorized to execute process on prisoners, they are included under section 843.01 even if they are not specifically identified in the statute....

...We are not going to speculate why the legislature did not include state correctional officers within the statute. This Court does not have the authority to legislate, and only the legislature can include state correctional officers within the provisions of section 843.01....

...e § 784.011, Fla. Stat. (1999). An aggravated assault is defined as follows: 784.021. Aggravated assault (1) An "aggravated assault" is an assault: (a) With a deadly weapon without intent to kill.... § 784.021(1)(a) Fla. Stat. (1999). In contrast, section 843.01 of the Florida Statutes (1999) defines the crime of resisting an officer with violence as follows: 843.01....

...med by the other. AFFIRMED in part, REVERSED in part, REMANDED. THOMPSON, C.J., and PETERSON, J., concur. NOTES [1] See U.S. Const. amend. V; art. 1 § 9, Fla. Const. [2] See §§ 784.021(1)(a), 784.07(2)(c), 775.0823(10), 784.045, 784.07, 775.0823, 843.01, 316.1935(4), 316.061, 316.027, 843.02, Fla....

...ruct, or oppose any officer ... in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. [4] Section 843.01 of the Florida Statutes (1999) defines the crime of resisting an officer with violence, in pertinent, part as follows: 843.01....

...of *175 limitations. We conclude that the answer is yes. Defendant-appellant Harper was charged with committing multiple offenses on December 24, 2003. One of these was the offense of resisting an officer with violence to his person in violation of section 843.01, Florida Statutes (2003)....

...Plaintiffs' assertion of a RICO claim against Defendants based upon obstruction of justice under chapter 843 of the Florida Statutes also fails. None of the allegations in the Second Amended Complaint even remotely establish a claim for obstruction of justice. § 843.01, Fla....

...wholly with the legislative branch. While resisting arrest with violence and battery on a law enforcement officer are similar offenses, and while they usually happen in conjunction with one another, one does not necessarily involve the other. Under section 843.01, Florida Statutes (1979), one could obstruct or oppose a law enforcement officer by threatening violence and still at the same time not be committing a battery on the law enforcement officer as proscribed in section 784.07, Florida Statutes (1979)....

...Defendant continued to fight until he noticed that his hand was bleeding, at which point he gave up and ceased resisting. Defendant complains on appeal of his conviction and sentence on each of two separate counts of resisting an officer with violence. He contends that the statute proscribing resistance with violence, section 843.01, [1] does not set forth the allowable unit of prosecution with sufficient clarity, citing Pierce v. State, 681 So.2d 873 (Fla. 1st DCA 1996). Pierce reversed two of three convictions for resisting, holding that section 843.01 does not clearly define the allowable unit of prosecution....

...The crime of resisting an officer with violence is like theft, in that the statutory unit of prosecution is violence done to a single officer. The word "any" modifies who may be classified as an officer within the coverage of the statute, not the number of charges that can brought from an incident of resistance. Section 843.01 prohibits offering or doing violence "to the person of such officer. " [emphasis supplied.] The legislature's omission of the plural, "officers" [with an s ] in the statutory phrase just quoted eliminates any theoretical doubt or ambiguity in the use of the article any. The text of section 843.01 thus undeniably demonstrates that the intended prosecutorial unit is any individual officer who is resisted....

...rst officer. After Butch and Sundance have shot the first member of the posse chasing them, they would have no reason not to shoot them all. That hardly seems a result the legislature intended, let alone a result suggested in the text they chose for section 843.01....

...in its general rules of construction of criminal statutes. [4] We address the history of that statement of intent. Section 775.021 contains a general statement of legislative intent, the following provisions of which are applicable to our reading of section 843.01: "(2) The provisions of this chapter are applicable to offenses defined by other statutes, unless the code otherwise provides....

...The mere fact that each of the separate punches and the wrestling occurred within seconds of the other on the same plot of ground does not remove them from the legislature's rather clear command of separateness in convictions and punishments. In the context of section 843.01, there is no ambiguity in the use of any to define who may be a victim of the resistance....

...The record indicates that there was no prejudice to the defendant when the state amended the information, because defendant was out on bail and the trial was continued for twelve days to allow him to interview and depose new witnesses. AFFIRMED. STEVENSON and GROSS, JJ., concur. NOTES [1] See § 843.01, Fla....

MONACO, J. The appellant, V.D., takes this appeal from an order adjudicating her delinquent for resisting arrest with violence in violation of section 843.01, Florida Statutes (2005), and battery on a law enforcement officer in violation of section 784.07(2)(b), Florida Statutes (2005)....

...In discussing whether the charge at issue was a general intent or a specific intent crime, the court reasoned as follows: "To determine whether resisting arrest with violence is a general intent or specific intent crime, we look to the plain language of the statute: 843.01 Resisting officer with violence to his person.—Whoever knowingly and willfully resists, obstructs, or opposes any officer ... in the lawful execution of any legal duty, by offering or doing violence to the person of such officer ... is guilty of a felony of the third degree.... § 843.01, Fla....

...e possibility that one instance of resisting may involve multiple officers. Instead, the standard jury instruction recommends that a trial court insert the name of only one officer as the "victim" of the offense: 21.1 RESISTING OFFICER WITH VIOLENCE § 843.01, Fla....

...To fit both the single officer and multiple officer situations, we recommend that the Committee on Standard Jury Instructions for Criminal Cases propose to the supreme court the following revisions to the standard jury instruction: 21.1 RESISTING OFFICER WITH VIOLENCE § 843.01, Fla....

...Gen., Tallahassee, for appellee. *420 SHIVERS, Judge. Appellant Gregory Amaker appeals his conviction on two counts of battery of a law enforcement officer under Section 784.07, Florida Statutes (1983) and two counts of resisting an officer with violence under Section 843.01, Florida Statutes (1983)....

...First, we find no reversible error in the trial court's denial of the requested jury instruction. The testimony at trial pointed only to a defense of intoxication and a jury instruction on intoxication was given. Second, we reverse appellant's conviction on the two counts of resisting an officer with violence under Section 843.01, Florida Statutes (1983) [1] as the denial of the motion for judgment of acquittal was erroneous. Counts III and IV of the information allege that appellant struck two state correctional officers, thereby violating Section 843.01, Florida Statutes (1983). At trial appellant moved for a judgment of acquittal arguing that the alleged victims, being state correctional officers, were not within the protection of the statute. We agree. Section 843.01, Florida Statutes (1983) enumerates specific categories of law enforcement officers but not state correctional officers. Penal statutes are to be strictly construed in favor of the person against whom a penalty could be imposed. Ferguson v. State, 377 So.2d 709, 711 (Fla. 1979). Furthermore, the legislative history of Section 843.01, Florida Statutes reveals that the original House of Representatives Bill No....

...ting an officer with violence. We remand *421 for the trial court to enter judgments of acquittal as to Counts III and IV of the information and resentence. AFFIRMED in part, REVERSED in part and REMANDED. ZEHMER and BARFIELD, JJ., concur. NOTES [1] Section 843.01, Florida Statutes (1983) provides: Whoever knowingly and willfully resists, obstructs, or opposes any sheriff, deputy sheriff, officer of the Florida Highway Patrol, municipal police officer, county or municipal correctional officer, b...

...See Jacobson v. State, 476 So.2d 1282, 1287 (Fla.1985)(“section 843.02 ... does not require that the officer be attempting to arrest the suspect”) citing Kaiser v. State, 328 So.2d 570 (Fla. 3d DCA 1976) (charge of resisting officer with violence, section 843.01, proper when officer has legal right to detain suspect for questioning)....

...nse. We affirm. The defendant committed the second degree felony offense of aggravated child abuse in 1982 and was placed on probation. In November of 1984, while still on probation, the defendant was charged with resisting an officer with violence. § 843.01, Fla....

...State, 415 So.2d 1265, 1267 (Fla. 1982). We have compared the statutory elements of assault or battery of a law enforcement officer, Sections 784.011, 784.03 and 784.07, Florida Statutes (1983), with those of resisting an officer with violence to his person, Section 843.01, Florida Statutes (1983). All of the elements contained in Section 843.01 must be proved, along with more, in order to sustain a conviction under Section 784.07....

...iction of resisting arrest with violence. The provision for restitution is stricken without prejudice for the trial court to reconsider such condition. AFFIRMED IN PART; REVERSED IN PART and REMANDED. ANSTEAD, C.J., and HURLEY, J., concur. NOTES [1] 843.01 Resisting officer with violence to his person....

...In order to establish a prima facie case of resisting with violence, the State had to show that Boyd "knowingly and willfully resist[ed], obstruct[ed], or oppos[ed] any officer ... in the lawful execution *1244 of any legal duty, by offering or doing violence to the person of such officer." See § 843.01, Fla....

...Vipperman, Jr., Gainesville, for Appellee. BROWNING, J. The State appeals the trial court's entry of a "judgment of acquittal" adjudicating appellee Thomas Deon Young not guilty as to Count One of the information, which charged him with resisting an officer with violence, contrary to section 843.01, Florida Statutes (2004)....

...lly resist, obstruct, or oppose Officer Robert J. Kennedy of the Gainesville Police Department, who was then and there in the lawful execution of a legal duty or legal process, by offering or doing violence to the person of such officer, contrary to Section 843.01, Florida Statutes.(L5) *726 At the commencement of trial, the State nolle prossed the charge of possession of paraphernalia for storage....

...We have jurisdiction pursuant to section 924.07(1)(a), Florida Statutes (2004); Florida Rule of Appellate Procedure 9.140(c)(1)(A); and State v. Robinson, 744 So.2d 1151, 1152 (Fla. 1st DCA 1999). Count One of the information cites the correct statute, section 843.01, Florida Statutes (2004), which states: 843.01 Resisting officer with violence to his or her person.—Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s....

...Waters, 436 So.2d 66, 68-69 (Fla.1983). The State correctly notes that Young has not cited (nor has our independent research disclosed) any Florida statute or rule that requires an information charging the crime of resisting an officer with violence pursuant to section 843.01, Florida Statutes, to set forth the exact legal duty in which the officer was engaged at the time of the offense....

...Dilworth, 397 So.2d 292 (Fla.1981). Johnson, 433 So.2d at 649. The panel affirmed Johnson's conviction. See id. at 650. Although two other opinions address a different statute, the State contends these decisions are analogous to the instant case because of the similarities between section 843.01 and section 784.07(2), Florida Statutes (proscribing the knowing commission of an assault or battery upon a law enforcement officer while the officer is "engaged in the lawful performance of his or her duties," and reclassifying upward the degree of the assault or battery)....

...rroneous and reversed and remanded. See 389 So.2d at 338. This line of decisions supports the State's position in the trial court and on appeal. The State correctly notes that the specific nature of the officer's execution of *728 a legal duty under section 843.01 is the proper subject of the proof, not the charge....

...See § 843.02, Fla. Stat. As this court stated in Taylor v. State, 740 So.2d 89 (Fla. 1st DCA 1999), to prove the crime of resisting an officer with violence, the State must prove that the officer was engaged in the lawful execution of a legal duty under section 843.01, Florida Statutes....

...The elements of resisting an officer with violence are: (1) knowingly resisting, obstructing, or opposing a law enforcement officer, (2) in the lawful execution of any legal duty, (3) by offering to do violence to his person. State v. Henriquez, 485 So.2d 414 (Fla.1986); § 843.01, Fla....

...w enforcement officer. In Lowery v. State, 356 So.2d 1325, 1326 (Fla. 4th DCA 1978), we held that the use of force to resist an arrest is unlawful, notwithstanding the technical illegality of the arrest. We reached that ruling after determining that section 843.01 (resisting and obstructing with violence) must be read together with section 776.051....

...ially searched defendant, defendant's intentional striking of officer during the encounter constituted battery or resisting arrest with violence). But cf. Taylor v. State, 740 So.2d 89 (Fla. 1st DCA 1999)(holding that if a defendant is charged under section 843.01 with resisting or opposing an officer with violence in the performance of some duty—other than an arrest—the state must prove that the officer was engaged in a lawful duty)....

...(1) aggravated battery on a pregnant woman under Florida law, FLA. STAT. § 784.045(1)(b); (2) battery on a law enforcement officer under Florida law, FLA. STAT. § 784.07(2)(b); 2 (3) resisting arrest with violence under Florida law, FLA. STAT. § 843.01; and (4) assault with 1 The district court relied on a fifth conviction, for arson under Maryland law....

...accord with section 775.15(5), Florida Statutes, "commenced" prior to the expiration of the applicable statute of limitations period. The State was required to commence prosecution on Starling's resisting charge, which is a third degree felony, see section 843.01, Florida Statutes (1993), within three years from the date the offense was committed....

...." § 784.07(2), Fla. Stat. (2005). So far as applicable here, for the offense of resisting an officer with violence to his or her person, the State must likewise show that the officer was engaged "in the lawful execution of any legal duty. . . ." Id. § 843.01....

...Public Defender, Daytona Beach, for appellee. DIAMANTIS, Judge. We reverse the trial court's order entering a judgment of acquittal notwithstanding the jury verdict, which found the defendant guilty of the offense of resisting an officer with violence. See § 843.01, Fla....

...The state appeals from the trial court's order granting Davis' motion to dismiss filed pursuant to Florida Rule of Criminal Procedure 3.190(c)(4) in a criminal case. Davis was charged with resisting an officer with violence to his person in violation of section 843.01, Florida Statutes (1993)....

...He did not contradict the factual allegations contained in Davis' motion. But he did supplement the factual allegations with the assertion that Davis jumped off of the patrol car and swung at him with his fists. Reston ducked and was not hit. Pursuant to section 843.01, Florida Statutes, (1993), a defendant may violate it "by offering or doing violence" to a deputy or police officer....

...Heinrich, 925 F.2d 1339, 1341 (11th Cir.1991) (citing City of Winter Haven v. Allen, 541 So.2d 128, 138 (Fla.Dist.Ct.App.1989)). Officers Blanco and Lozano and The City also argue that, because Mr. Gomez violently resisted arrest — a forcible felony under Fla. Stat. § 843.01 — they are immune from liability under Fla....

...CR97-12781, Bright was charged with seven offenses; carjacking (§ 812.133); kidnaping with intent to commit a felony (§ 787.01(1)(a)2.); burglary of a conveyance with an assault or battery (§ 810.02(1), (2)(a), battery on a law enforcement officer (§ 784.07(2)(b); resisting an officer with violence (§ 843.01); resisting arrest without violence (§ 843.02); and aggravated battery with a deadly weapon on a law enforcement officer (§ 784.07(2)(d))....

...ted carjacking and guilty as charged on the other counts. [2] Burglary of a conveyance with an assault or battery. § 810.02(1), (2)(a), Fla. Stat. [3] Resisting an officer with violence (§ 843.02, Fla.Stat.), and resisting arrest without violence. § 843.01, Fla....

...Coffin was charged with the misdemeanor of obstruction of justice without violence under Fla. Stat. § 843.02. Mr. Coffin was charged with several felonies: two counts of battery on a law enforcement officer under Fla. Stat. § 784.07(2)(b) and § 784.03(1); resisting an officer with violence under Fla. Stat. § 843.01; two counts of use of a weapon on a law enforcement officer under Fla....

...idence defense could have offered to establish an insanity defense. Accordingly, the judgment is reversed and the cause remanded for a new trial. REVERSED AND REMANDED. COBB, C.J., and DAUKSCH, J., concur. NOTES [1] § 784.03, Fla. Stat. (1983). [2] § 843.01, Fla....

...as kicking and screaming; scratching and punching. [2] Because he did not have handcuffs with him, he continued to struggle with her with one hand, and with the other hand called Titusville dispatch on his cell phone. When Titusville police arrived, A.F. was arrested. *1012 In order to violate section 843.01, Florida Statutes (2004), the person resisting a law enforcement officer must do so knowingly and willfully....

...It said: It is an all too sad fact that persons have been victimized as a result of their trusting criminals who were impersonating police officers to facilitate crimes. See, e.g., Miller v. State, 748 So.2d 327 (Fla. 3d DCA 1999). REVERSED and REMANDED. THOMPSON and MONACO, JJ., concur. NOTES [1] § 843.01, Fla....

...Coffin was charged with the misdemeanor of obstruction of justice without violence under Fla. Stat. § 843.02. Mr. Coffin was charged with several felonies: two counts of battery on a law enforcement officer under Fla. Stat. § 784.07(2)(b) and § 784.03(1); resisting an officer with violence under Fla. Stat. § 843.01; two counts of use of a weapon on a law enforcement officer under Fla....

...ct. Because we find that the evidence was insufficient to support the disorderly conduct conviction, we reverse. I. FACTUAL AND PROCEDURAL HISTORY Fields was charged by information with one count of resisting an officer with violence in violation of section 843.01, Florida Statutes (2007), and one count of disorderly conduct in violation of section 877.03, Florida Statutes (2007)....

...The disorderly conduct charge was based on the alleged act of "loudly uttering profanities in front of a business." The count for resisting an officer with violence was based on the alleged act of "offering or doing violence to the person of said officer(s), in violation of s. 843.01, Fla....

...n the guidelines. Pope v. State, 561 So.2d 554 (Fla. 1990). Convictions AFFIRMED; Sentences VACATED; REMANDED for Resentencing. PETERSON, C.J., and THOMPSON, J., concur. NOTES [1] § 784.03, Fla. Stat. (1993); § 784.07, Fla. Stat. (Supp. 1994). [2] § 843.01, Fla....

...DANAHY, Judge. Robert Lee McAbee argues that his conviction for attempted resisting arrest with violence is void because there is no such crime in this state. We agree and reverse. Appellant was charged with resisting arrest with violence in violation of section 843.01, Florida Statutes (1979), and subsequently found guilty of attempted resisting arrest with violence. Section 843.01 provides: Whoever knowingly and willfully resists, obstructs, or opposes any ......

...that such was a necessary element of proof. Although this crime is commonly called resisting arrest with violence, it is more correctly referred to as resisting an officer with violence in his lawful execution of a legal duty. The crime is stated in § 843.01, Florida Statutes, which in pertinent part is as follows: "Whoever knowingly and willfully resists, obstructs or opposes any sheriff, deputy sheriff, ......

...We affirm a single conviction for resisting a law enforcement officer; we reverse two of her convictions and remand with directions that they be vacated. One conviction is AFFIRMED and two convictions are REVERSED and REMANDED with directions. HARRIS and ANTOON, JJ., concur. NOTES [1] § 843.01, Fla....

...See Eldridge, 817 So.2d at 888-89 (holding that officer's testimony that he felt the defendant was lying and had something to hide demonstrated that the officer just had a hunch). B. The Resisting Charge The State charged Mr. Maldonado with resisting an officer with violence. See § 843.01, Fla....

...The officer struck the defendant twice more, then apprehended and handcuffed him. The State charged the defendant with resisting arrest with violence. After the State rested, the defense moved for a judgment of dismissal, arguing that Officer # 2 was not engaged in the lawful execution of a legal duty, as required under section 843.01, Florida Statutes (2008), because he lacked reasonable suspicion to stop the juveniles....

...Reversed and Remanded for entry of a judgment of dismissal. STEVENSON and CIKLIN, JJ., concur. NOTES [1] The issue of whether the officer was engaged in the lawful execution of a legal duty applies equally to the crime of resisting an officer with violence under the facts of this case. § 843.01, Fla....

...State, 592 So.2d 381 (Fla. 5th DCA 1992); Clifton v. State, 608 So.2d 890, 891 (Fla. 4th DCA 1992). REVERSED and REMANDED for resentencing. HARRIS, C.J., and GOSHORN, J., concur. NOTES [1] Section 784.07 Fla. Stat. (1991). Counts I, II, & III. [2] Section 843.01 Fla....

...Tice testified that the backup deputy attacked him when he merely approached his baby and the HRS counselor. Mr. Tice was arrested and charged with battery of a law enforcement officer. §§ 784.03, .07, Fla. Stat. (1985). He was also charged with resisting an officer in the lawful execution of a legal duty with violence. § 843.01, Fla....

...Part of the defense at trial was that the police were not arresting appellant, but rather they were taking out their frustration on appellant because the driver had escaped. The defense presented four witnesses who testified that appellant did not strike, punch, or kick the officers. [1] To prove a violation of section 843.01, Resisting Officer with Violence to His or Her Person, the State was required to prove without a reasonable doubt three elements: 1....

...icer by offering to do violence or doing violence to the officer; 2. At the time the officer was engaged in the execution of legal process or lawful execution of a legal duty; and 3. At the time the officer was an officer as defined by statute. *464 Section 843.01, Fla....

...Appellant argues that mentioning that the police were specifically arresting him necessitates a new trial, citing Hierro v. State, 608 So.2d 912 (Fla. 3d DCA 1992). In Hierro, although the charge was resisting arrest without violence pursuant to section 824.02, Florida Statutes, rather than with violence pursuant to section 843.01 as here, the court was faced with the same type of instruction....

...As in Hierro, the non-standard instruction takes the issue away from the jury. We, therefore, reverse and remand for a new trial. BROWNING and HAWKES, JJ., concur. NOTES [1] The jury acquitted appellant of two counts of battery against a police officer. [2] 843.01....

...The officer wrestled Kaigler to the ground with the assistance of a backup officer. The officer retrieved the cup and found several crack cocaine rocks in it. The State charged Kaigler with cocaine possession, resisting with violence in violation of section 843.01, Florida Statutes (2003), and battery of a law enforcement officer in violation of section 784.07, Florida *1255 Statutes (2003)....

...After the trial court ordered the cocaine suppressed, defense counsel argued that the other two counts should be dismissed because the State could no longer prove a statutory element of each of these charges: that the officer was "in the lawful execution of any legal duty," § 843.01 (resisting with violence), or "engaged in the lawful performance of his or her duties," § 784.07(2) (battery of a law enforcement officer)....

...cement officer with violence. Appellant presents three questions for our consideration: (1) whether the trial court erred in denying his motion for judgment of acquittal on the charge of resisting a law enforcement officer with violence, pursuant to section 843.01, Florida Statutes; (2) whether the trial court erred in refusing to instruct the jury on voluntary intoxication; and (3) whether the trial court erred in refusing to grant a mistrial when the state failed to impeach inmate Riley's denial of a sexual relationship between himself and appellant....

...(2) battery upon Officer Lane, causing bodily injury through use of a deadly weapon, i.e., a mop handle; (3) possession of contraband, the mop handle, in a state institution; and (4) resisting a state correctional officer with violence, contrary to section 843.01, Florida Statutes (1985)....

...Count II, four years on Count III, and four years on Count IV. With regard to the first question raised herein, the State acknowledges that decisions from this court have established that "state correctional officers are not within the intendment of section 843.01." Powell v....

...ative instruction, and affirm the trial court's ruling on this point as well. Accordingly, we reverse point one and again certify as a question of great public importance the question stated in Graydon v. State, 492 So.2d 723 (Fla. 1st DCA 1986): IS SECTION 843.01, FLORIDA STATUTES, VIOLATED WHEN A STATE CORRECTIONAL OFFICER IS IN THE LAWFUL EXECUTION OF A LEGAL DUTY? Affirmed in part, reversed in part, and remanded for vacation of the sentence imposed pursuant to Count IV....

...orable to the State. See Lynch v. State, 293 So.2d 44 (Fla.1974). Here, there was certainly a view that the jury could take that was favorable to the State. Although appellant maintains that he could not be convicted of resisting with violence under section 843.01, Florida Statutes (1997), because he was already in custody at the time that he resisted with violence, that is not the law....

...1st DCA 1979), has been clarified by another case, Miller v. State, 636 So.2d 144 (Fla. 1st DCA 1994), where the court held that if the underlying arrest is valid, as it was here, a struggle following arrest is an attempt to interfere with an officer in the performance of his duty in violation of section 843.01....

...ON MOTION FOR REHEARING SCHWARTZ, Senior Judge. We grant the state's motion for rehearing, set aside the opinion of April 13, 2005, [1] and substitute the following. The defendant appeals from a conviction and sentence for resisting an officer with violence under section 843.01, Florida Statutes (2002), which makes it a felony to "knowingly and willfully resist[], obstruct[], or oppose[] any officer ....

...We disagree upon the holding that knowledge of the victim's status is not an element of the offense of resisting an officer with violence. Therefore, neither the state's arguments nor the trial judge's rulings were incorrect. In resolving the present issue of the proper interpretation of section 843.01, the starting point, as always, is the statute itself....

...To determine whether the Legislature included a knowledge requirement in any given statute, we first look to the statute's plain language. (Citation omitted). Of course, the word "knowingly" appears in the statute itself. The real issue, however, is what that word refers to. We conclude that the "plain language" of section 843.01 shows that the legislature did not include knowledge of the victim's status as an element of the offense....

...(2005)(resisting officer's recovery of merchant's *592 property). [10] Similarly, many statutes in other jurisdictions expressly provide that the defendant must have knowledge, reason to know or a reasonable belief that the victim is an officer. [11] On the other hand when, like section 843.01, that language is not present, several courts have held that knowledge of the victim's status is not an element....

...oes not render knowledge an element of the offense itself which must be established by the state. Cf. State v. Espinosa, 686 So.2d 1345, 1347 (Fla.1996)("courts have consistently read section 776.051(1), Florida Statutes (1995), in pari materia with section 843.01 to eliminate [the legal arrest] element as to the offense of resisting arrest with violence")....

...775.083. [13] We have come to this conclusion only very late in the process. Indeed, the source of our (my) error in the immediately former opinion was to cite Cooper, 742 So.2d at 855, a section 843.02 no violence case, in support of the conclusion that section 843.01, the with violence statute, contains the element of knowledge.

...Nolen, Certified Legal Intern, Daytona Beach, for appellee. PER CURIAM. AFFIRMED. We certify the following question as one of great public importance: IS RESISTING ARREST WITHOUT VIOLENCE (§ 843.02) A NECESSARILY LESSER INCLUDED OFFENSE OF RESISTING WITH VIOLENCE (§ 843.01)? COBB and GOSHORN, JJ., concur....

...er included offense of the latter. [2] This is a Blockburger [3] analysis but only after judicially amending section 843.02 by interpreting that section as requiring an allegation and proof of a lawful arrest while interpreting identical language in section 843.01 as not requiring such lawful arrest....

...illing to review our position when new arguments are offered. Benjamin was based on Lee v. State, 368 So.2d 395 (Fla. 3d DCA), cert. denied, 378 So.2d 349 (Fla. 1979). In Lee, although the language of the statute prohibiting resisting with violence (section 843.01) and the statute prohibiting resisting without violence (section 843.02), insofar as this issue is concerned, is identical, Judge Kehoe, writing for the majority, imposed an obligation on the State to prove the legality of the arrest as an essential element only for the offense of resisting without violence. [4] *685 The justification in Benjamin for judicially imposing this additional element only on section 843.02 (and not on section 843.01) appears to be that at common law a citizen had the right to resist an illegal arrest and that since section 776.051 only abrogates the common law rule with respect to violent resistance, the right to resist an unlawful arrest without violence remains....

...itself require a lawful arrest, then has not such section by its own terms abrogated the common law right to resist without violence as it relates to any arrest? And if such language does require a lawful arrest, should not the identical language in section 843.01 mean that one cannot violate section 843.01, regardless of the amount of resistance, unless the arrest is lawful? [6] There appears no justification for construing the identical language in the two sections differently....

...It neither created the new and independent crime of resisting arrest with violence nor was it intended to limit the legislature, if it saw fit, to create such new and independent crime only if the arrest were lawful. In other words, this section is not authority to remove an essential element from section 843.01 if such element was intended by the legislature. [6] We should examine the language of section 843.01 to see if the legislature intended to criminalize (as opposed to merely refusing to recognize as a defense) the use of force in resisting an unlawful arrest. The question is not whether the legislature could have made it a crime to resist an unlawful arrest; the question is whether, by the language used in section 843.01, it did....

...SHARP, J., dissents with opinion. W. SHARP, J., dissenting. Lookadoo appeals from his judgment and sentences for three counts of unlawful possession of a controlled substance, a violation of section 893.13(6)(a) and resisting an officer with violence, a violation of section 843.01....

...of the modifier "any" in section 827.071(4) showed an intent "that all of the contraband be viewed in the episodic sense with only a single unit of prosecution intended." Id. at 95. See also Wallace v. State, 724 So.2d 1176 (Fla.1998) (holding that section 843.01, Florida Statutes (1993), which prohibits resisting "any officer," allowed only one conviction when the defendant resisted two officers in a single incident)....

...Butterworth, Atty. Gen., Tallahassee, and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellee. PER CURIAM. For his convictions of battery on two law enforcement officers, section 784.07, Florida Statutes (1989), and resisting arrest with violence, section 843.01, the appellant was sentenced on May 28, 1991, within the guidelines recommended range....

...nt of resisting arrest with violence when his altercation with two police officers occurred in the course of his continuous resistance to an ongoing attempt to effect his arrest. Wallace, 724 So.2d at 1181. The supreme court analyzed the language of section 843.01, Florida Statutes, [1] in light of its earlier opinions in Grappin v....

...pin and Watts. Id. at 1179. Finally, the court concluded, based upon its analysis of its prior holdings and federal law, that a continuous resistance to an ongoing attempt to effect an arrest constitutes only a single "instance of obstruction" under section 843.01, Florida Statutes....

...atutes, is an "evolutionary refinement" of judicial statutory interpretation. Accordingly, we reverse the trial court's order granting Oehling's motion for post-conviction relief. REVERSED and REMANDED. W. SHARP, and PETERSON, JJ., concur. NOTES [1] Section 843.01, Florida Statutes (1991), entitled "Resisting Officer with Violence to His Person," provides in pertinent part: Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s....

...ll not commit a battery on that officer. Similarly, one could batter an officer by placing an unwanted hand on the officer's arm, or simply by striking the officer without necessarily resisting or obstructing the officer. Compare § 784.07(2)(d) and § 843.01, Fla....

...Having determined that Blockburger is initially satisfied, we next examine the statutory exceptions, and conclude that only the second exception—whether the offenses are degrees of the same offense— has possible application. [4] A cursory examination of § 784.07(2)(d) (aggravated battery of a law enforcement officer), and § 843.01 (resisting an officer with violence), reflects that the two offenses are not on their face degrees of the same offense....

...Aggravated battery seeks to prevent the serious injury of another, in this instance, of a law enforcement officer. See Gordon, 780 So.2d at 23. Resisting an officer with violence, on the other hand, aims to avoid the violent obstruction of the lawful execution of a legal duty by authorized officers. See § 843.01, Fla....

...n officer with violence. Appellant having presented no other point of reversible error, [1] we otherwise affirm the judgments and sentences appealed. Appellant was tried on various charges including resisting an officer with violence in violation of § 843.01, Florida Statutes. The jury returned a verdict of not guilty as to the charged offense, but found appellant guilty of attempted resisting an officer with violence. However, § 843.01 proscribes offering to do the prohibited act, the attempt is therefore a part of the crime....

...Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee. NIMMONS, Judge. A jury found appellant guilty of one count of battery upon a law enforcement officer under Section 784.07, Florida Statutes (1985), and one count of resisting an officer with violence under Section 843.01, Florida Statutes (1985)....

...nstituting the first offense also constitute the second offense." That contention has recently been resolved contrary to appellant's position in State v. Henriquez, 485 So.2d 414 (Fla. 1986). Appellant also attacks the conviction and sentence on the Section 843.01 count on the ground that a corrections officer of the State Department of Corrections is not, by reason of the applicable statutory language, included within the class of persons protected under that statute....

...nt two and to dismiss the charge thereunder. MILLS and WENTWORTH, JJ., concur. ON SUGGESTION OF CERTIFICATION PER CURIAM. Upon the State's suggestion, we certify the following question to the Supreme Court pursuant to Fla.R.App.P. 9.030(2)(A)(v): Is Section 843.01, Florida Statutes, violated when a state correctional officer is resisted while such officer is in the lawful execution of a legal duty? MILLS, WENTWORTH and NIMMONS, JJ., concur.

...out? Well, if it was flipped over, it says police officer on there." This argument did not mislead the jury. Florida law provides that whoever knowingly and willfully resists, obstructs, or opposes any officer is guilty of a third degree felony, see section 843.01, Florida Statutes (2003), and that a person is not justified to use force to resist arrest by an officer where the officer "is known, or reasonably appears, to be a law enforcement officer." See § 776.051(1), Fla....

...The officer approached the sergeant and assisted him with detaining R.J.R. and with placing her in the patrol car. R.J.R. continued resisting while she was escorted to the patrol car. Subsequently, R.J.R. was charged by petition with resisting an officer with violence pursuant to section 843.01, Florida Statutes (2010), and resisting an officer without violence pursuant to section 843.02, Florida Statutes (2010)....

...The officer struck the defendant twice more, then apprehended and handcuffed him. The State charged the defendant with resisting arrest with violence. After the State rested, the defense moved for a judgment of dismissal, arguing that Officer # 2 was not engaged in the lawful execution of a legal duty, as required under section 843.01, Florida Statutes (2008), because he lacked reasonable suspicion to stop the juveniles....

...Reversed and Remanded for entry of a judgment of dismissal. STEVENSON and CIKLIN, JJ„ concur. . The issue of whether the officer was engaged in the lawful execution of a legal duty applies equally to the crime of resisting an officer with violence under the facts of this case. § 843.01, Fla....

...The statute under which Coleman was charged and convicted provides: Whoever knowingly and willfully resists, obstructs, or opposes any officer ..., by offering or doing violence to the person of such officer or legally authorized person, is guilty of a felony of the third degree, ... § 843.01, Fla....

...It does not depend upon any aggravating factors as to how the defendant violated probation. Accordingly, we affirm Snead's sentence but we note a conflict with State v. Scott. AFFIRMED. GRIFFIN and DIAMANTIS, JJ., concur. NOTES [1] § 775.084, Fla. Stat. (1989). [2] § 893.13(1)(f), Fla. Stat. (1989). [3] § 843.01, Fla....

...l." The instruction was subsequently submitted to the jury as proposed by the trial court. Evans now appeals, arguing that the trial court erred in giving the above mentioned instruction. We agree. To prove felony resisting with violence pursuant to section 843.01, Florida Statutes (2007), and felony battery on a law enforcement officer pursuant to 784.03 and 784.07, Florida Statutes (2007), the State must prove that the officer was lawfully executing a legal duty at the time of the incident....

...Bernard Dougherty appeals the summary denial of his rule 3.800(a) motion to correct illegal sentence. Dougherty raises three claims, only one of which merits discussion. Dougherty was charged with three offenses: resisting an officer with violence in violation of section 843.01, Florida Statutes (1999); acquiring a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge in violation of section 893.13(7)(a)(9), Florida Statutes (1999); and criminal use of personal identification information in violation of section 817.568(2), Florida Statutes (1999)....

is guilty of a felony of the third degree.... § 843.01, Fla. Stat. (1993). *1075“The statute’s plain

...For suspicious events occurring on October 19, 1994, a petition charged the juvenile appellant with loitering and prowling, in violation of section 856.021, Florida Statutes (1993), and obstructing or opposing an officer without violence, in violation of section 843.01, Florida Statutes (1993)....

...). There was sufficient evidence to support a finding that the officers were engaged in the lawful execution of a legal duty at the time of Eastes' violent actions. AFFIRMED. PLEUS and LAWSON, JJ., concur. NOTES [1] § 784.07, Fla. Stat. (2005). [2] § 843.01, Fla....

...seized. [6] As to the crime of battery of a law enforcement officer, section 784.07, Florida Statutes (2005), utilizes the language "is engaged in the lawful performance of his or her duties." As to the offense of resisting an officer with violence, section 843.01, Florida Statutes (2005), uses the language "in the lawful execution of any legal duty." The Florida Supreme Court concluded these elements were functionally equivalent....

...a crime of violence.” U.S.S.G. § 2L1.2(b)(1)(A)(ii). In 1996, Garcia-Sandobal was convicted of “knowingly and willfully resist[ing], obstruct[ing], or oppos[ing] any officer . . . by offering or doing violence to the person of such officer or legally authorized person.” Fla. Stat. § 843.01. After Garcia-Sandobal filed his brief, we held that “a conviction under Florida Statute § 843.01 ....

...Thus, the Court must decide whether these allegations, without more, are sufficient to establish that Robbins more-likely-than-not committed a forcible felony during the arrest: namely, the felony of resisting arrest with violence. The elements of resisting an officer with violence are set forth in § 843.01 of the Florida Statutes: "[w]hoever knowingly......

...Thus, based on the undisputed facts it appears the application of § 776.085 simply turns on whether Robbins, a former NFL All-Pro center in a confused state of mind, could make a panicked exit from a bathroom stall blocked by two policemen without physically confronting them in the manner prohibited by § 843.01....

...With regards to the resisting an officer with violence offense, the City must show probable cause that: (1) Wandell knowingly and willfully resisted or obstructed Officer Wolsky by offering or doing violence to him and (2) Officer Wolsky was a police officer. See § 843.01, Fla....

...See 8 U.S.C. § 1227(a)(2)(A)(ii) (2008).1 Cano concedes that in 2010 he was convicted of a crime involving moral turpitude. The question before us is whether his 2003 Florida conviction for resisting an officer with violence, in violation of Fla. Stat. § 843.01, is also a crime involving moral turpitude. I....

...s being charged with removal under § 1227(a)(2)(A)(ii) as an alien convicted of two or more crimes involving moral turpitude. One of the predicate offenses was Mr. Cano’s 2003 conviction for resisting an officer with violence under Fla. Stat. § 843.01. Cano argued before the IJ that he should not be deported because a violation of Fla. Stat. § 843.01 is not a crime involving moral turpitude....

...dless of whether the convictions were in a single trial, is deportable.” 2  Case: 11-15918 Date Filed: 02/15/2013 Page: 3 of 6 21, 2011, the BIA also ruled that Fla. Stat. § 843.01 is a crime involving moral turpitude and dismissed Cano’s appeal....

...particular offense constitutes a crime involving moral turpitude, we apply the categorical approach and look to the statutory definition of the crime rather than the underlying facts of the conviction. See Fajardo, 659 F.3d at 1305. 3 The statutory definition of Fla. Stat. § 843.01 provides in relevant part “[w]hoever knowingly and willfully resists, obstructs, or opposes any [officer] . . . by offering or doing violence to the person of such officer or legally authorized person, is guilty of a felony of the third degree . . . .” Fla. Stat. § 843.01....

...The offense requires that a defendant “(1) knowingly (2) resisted, obstructed, or opposed a law enforcement officer (3) who was in the lawful execution of any legal duty (4) by offering or doing violence to his person.” Yarusso v. State, 942 So. 2d 939, 942 (Fla. 2d DCA 2006). Cano argues that Fla. Stat. § 843.01 is not a crime involving moral turpitude because the statute does not require intentional violence against an officer. Instead, he asserts that the element of intentionality applies only to resisting arrest. Cano’s argument runs counter to the precedent of our court and the Florida Supreme Court. In Frey v. State, the Florida Supreme Court held that Fla. Stat. § 843.01 is a general intent crime. 708 So. 2d 918, 919–20 (Fla. 1998). We have interpreted Frey to mean that the intent requirement in Fla. Stat. § 843.01 applies to 3 Under the categorical approach, “we analyze whether the least culpable conduct necessary to sustain a conviction under the statute meets the standard of a crime involving moral turpitude.” Keungne v....

...e runs directly contrary to the language of Frey, which held that the entire crime is one of general intent.” 674 F.3d 1246, 1250 n.4 (11th Cir. 2012). Thus, in Romo-Villalobos, we rejected the argument that the intent requirement in Fla. Stat. § 843.01 applies only to resisting arrest. We also note that the Florida courts have distinguished Fla. Stat. § 843.01 from other crimes against law enforcement by explaining that it is a crime requiring violent force....

...y, but need not, involve the use or threat of physical force or violence.” State v. Hearns, 961 So. 2d 211, 213–15 (Fla. 2007) (quotation marks omitted). By contrast, “resisting an officer with violence to his or her person, in violation of section 843.01, differs significantly from 4 In Romo-Villalobos, we held that Fla. Stat. § 843.01 is a crime of violence for purposes of the sentencing guidelines. 674 F.3d at 1249. In so doing, we applied the categorical approach, looked to the Florida court’s interpretation of the elements of the offense, and decided as a matter of federal law that Fla. Stat. § 843.01 is a crime of violence. Id. at 1248-49. In deciding whether Fla. Stat. § 843.01 is a crime involving moral turpitude, we similarly apply the categorical approach and look to the statutory definition of the crime, including the elements of the offense. See Sosa-Martinez, 420 F.3d at 1341. Although our finding in Romo-Villalobos was specific to the sentencing guidelines, in deciding whether § 843.01 involves moral turpitude, we find instructive that Florida courts “have concluded that violence is a necessary element of § 843.01.” Romo-Villalobos, 674 F.3d at 1249. 5  Case: 11-15918 Date Filed: 02/15/2013 Page: 6 of 6 simple battery on a law enforcement officer” because offering or doing violence involves the use or threat of physical force. Harris v. State, 5 So. 3d 750, 751 (Fla. 1st DCA 2009). Thus, because Fla. Stat. § 843.01 requires intentional violence against an officer, it criminalizes “conduct [that] exhibits a deliberate disregard for the law, which we consider to be a violation of the accepted rules of morality and the duties owed to society.” Matter of Danesh, 19 I. & N. Dec. 669, 671 (BIA 1988). Therefore, we conclude that Fla. Stat. § 843.01 is a crime involving moral turpitude. Because Cano was convicted of Fla. Stat. § 843.01 together with a second crime involving moral turpitude, the BIA properly determined that he is properly removed pursuant to 8 U.S.C....

...I agree that it would have been better for the lower court to let the defendant testify, vacillating and tardy as he was. Nevertheless, I can't see that the lower court's refusal rose to the level of an abuse of discretion under the circumstances of this case. NOTES [1] § 843.01, Fla....

...sses. See *1127 generally Charles W. Ehrhardt, Florida Evidence §§ 90.404(1), 90.609 & 90.610 (1992 ed.); Landry v. State, 620 So.2d 1099, 1101 (Fla. 4th DCA 1993) (improper for the state to query officer about his "unblemished record"). NOTES [1] § 843.01, Fla....

...The trial court found that between the commission of the two offenses, Turner had time to change his clothes, apparently after the dye pack activated, and he also had time to hide the money in the console of the vehicle. AFFIRMED. PALMER and ORFINGER, JJ., concur. NOTES [1] § 812.13(1)(c), Fla. Stat. [2] § 843.01, Fla....

...icer's warrantless entry into his motel room violated his Fourth Amendment right to privacy; thus, the State did not prove that the arresting officer was engaged in the lawful performance of a legal duty when Motes resisted arrest with violence. See § 843.01, Fla....

...o be a law enforcement officer."); see also Tillman v. State, 934 So.2d 1263, 1270 n. 4 (Fla.2006) ("In arrest situations, Florida courts have consistently read section 776.051(1) in pari materia with the offenses described in sections 784.07(2) and 843.01 and, in so doing, have not required the State to prove that the arrest was lawful."), superseded by statute on other grounds, § 776.051(1), Fla....

...y a defendant charged with resisting arrest, is limited in scope to arrest scenarios. 934 So.2d at 1269-71. In other words, in non-arrest scenarios, a defendant may still argue justifiable force to avoid a battery charge. See id. The Court discussed section 843.01, at issue in the present case, as well. Section 843.01, Florida Statutes (2005), defines the crime of resisting an officer with violence: Whoever knowingly and willfully resists, obstructs, or opposes any officer ......

...The charges arose from an incident which occurred with a correctional officer at the state prison. At trial appellant moved for judgment of acquittal as to the resisting an officer charge, arguing that a correctional officer is not within the class of persons specified by section 843.01, Florida Statutes, the provision which proscribes resisting an officer with violence. Appellant now makes the same argument on appeal. Recent opinions of this court establish that state correctional officers are not within the intendment of section 843.01....

Violent personal crimes: Chapters 784 and 836 and section 843.01 Category 5: Burglary: Chapter 810 and subsection

...t subsection 782.04(l)(a) ], and subsection 316.193(3)(c)3, and section 327.351(2) Category 2: Sexual offenses: Chapters 794 and 800 and section 826.04 Category 3: Robbery: Section 812.13 Category 4: Violent personal crimes: Chapters 784 and 836 and section 843.01 Category 5: Burglary: Chapter 810 and subsection 806.13(3) Category 6: Thefts, forgery, fraud: Chapters 322 and 409, section 415.111, chapter 443, section 493.3175, and chapters 509, 812 (except section 812.13), 815, 817, 831, and 832...

person, a felony of the third degree under section 843.-01. The charging document sought to impose the

...Appellant was charged with one count-of obstructing an officer in the execution of a legal duty, to wit: investigation of the defendant on charges of child abuse, in violation of section 843.02, Florida Statutes, and one count of resisting arrest with violence, in violation of section 843.01, Florida Statutes....

...resisting an officer with violence, including references to the corresponding statutes. In so doing, the judgment erroneously recites that Count II is a violation of section 784.021, Florida Statutes, when, in fact, resisting an officer with violence is a violation of section 843.01, Florida Statutes....

LAWSON, C.J. Hugh Patrick Durham appeals his conviction for resisting an officer with violence and touching, striking, or causing bodily harm to a police dog in violation of sections 843.01 and 843.19(3), Florida Statutes (2013)....

...nter illusory.”). Accordingly, we reverse Durham’s conviction and sentence for resisting an officer with violence. The other conviction, unchallenged on appeal, is affirmed. AFFIRMED IN PART AND REVERSED IN PART. TORPY and BERGER, JJ., concur. . Section 843.01 can also be violated when an officer is attempting an arrest....

...In this appeal, Johnson challenges his conviction, arguing the evidence at trial failed to establish that the resistance took place during either an arrest or a lawful detention and thus his conviction cannot stand. We find merit in Johnson’s argument. Section 843.01, Florida Statutes (2006), makes it a crime for a person to “knowingly and willfully resist[ ], obstruct! ], or oppose! ] any officer ......

...When the “legal duty” at issue was something other than an arrest, i.e., an investigatory stop or detention, however, the State was required to establish the legality of the stop or detention to convict the defendant of resisting an officer pursuant to section 843.01....

...who have previously committed at least three violent felonies or serious drug crimes. 18 U.S.C. § 924(e). Jones had three such convictions: one for aggravated assault with a firearm, Fla. Stat. § 784.021; one for resisting an officer with violence, id. § 843.01; and one for selling drugs at a school, id....

...who have previously committed at least three violent felonies or serious drug crimes. 18 U.S.C. § 924(e). Jones had three such convictions: one for aggravated assault with a firearm, Fla. Stat. § 784.021; one for resisting an officer with violence, id. § 843.01; and one for selling drugs at a school, id....

...tried to hit both with a closed fist. Ultimately, the officers placed Tims under arrest. II. That night’s events led to four criminal charges: Count I alleged resisting an officer with violence, in violation of section 843.01, Florida Statutes; Count II alleged battery upon an officer, in violation of sections 784.03 and 784.07(2)(b); Count III alleged depriving an officer of a means of protection (the flashlight), in violation of section 843.025; and Co...

...Either way, the trial court properly denied the motion. The exclusionary rule does not command suppression of evidence that Tims violently resisted arrest and accosted officers, lawfully present or not. 2 Tims pleaded no contest to crimes that included as elements lawful action by officers. See § 843.01, Fla....

...While it correctly reflects that appellant was convicted of two counts of resisting an officer with violence, it incorrectly lists the statute number for that offense as Section 893.01. The correct statute number for the offense of resisting an officer with violence is Section 843.01....

...Convictions and sentences affirmed; • court costs stricken; remanded for further proceedings consistent with this opinion. SCHEB, A.C.J., and DANAHY and HALL, JJ., concur. . Knighten was also convicted of battery of a law enforcement officer, § 784.07, Fla.Stat. (1987); resisting an officer with violence, § 843.01, Fla.Stat....

...However, we remand to the trial court for correction of clerical errors on the judgment and sentence as follows. The judgment should be corrected to reflect that appellant was convicted after a non-jury trial, rather than after a plea of nolo contendere. Additionally, the judgment incorrectly lists section 843.01 as the applicable statute for resisting arrest without violence....

resisting an officer with violence pursuant to section 843.01, Florida Statutes (2004), but was convicted

VILLANTI, Judge. Following his conviction for resisting arrest with violence, a third-degree felony, see § 843.01, Fla....

...4(l)(a)), and subsection 316.193(3)(c)3, and section 327.351(2) Category 2: Sexual offenses: Chapters 794 and 800, section 826.04, and section 491.0112 Category 3: Robbery: Section 812.13 Category 4: Violent personal crimes: Chapters 784 and 836 and section 843.01 and subsection 381.411(4) Category 5: Burglary: Chapter 810, section 817.025, and subsection 806.13(3) Category 6: Thefts, forgery, fraud: Sections 192,037 and 206.56, Cchapters 322 and 409, section 370.142, section 415.111, chapter 44...

...Ct. 2243, 2248 (2016). Defendant’s PSR identified four ACCA-qualifying convictions: (1) aggravated assault with intent to commit a felony in violation of Fla. Stat. § 784.021; (2) resisting an officer with violence in violation of Fla. Stat. § 843.01; (3) third-degree felony battery in violation of Fla. Stat....

...Category 2: Sexual offenses: Section 775.22, Cchapters 794 and 800, section 826.04, and section 491.0112. Category 3: Robbery: Section 812.13⅞ and sections 812.133 and 812.135. *1085 Category 4: Violent personal crimes: Section 231.06, chapters 784 and 836, and section 843.01, and subsection 381.411(4)....

...Second, the circuit court departed from the essential requirements of law in relying on McAbee v. State, 391 So.2d 373 (Fla. 2d DCA 1980), as that decision has no application to the instant case. In McAbee the defendant was charged with resisting arrest with violence in violation of section 843.01, Florida Statutes (1979), and subsequently found guilty of attempted resisting arrest with violence. Section 843.01 proscribes not only “doing” violence to the person of the police officer but also “the offer” to do violence....

...The key language of the provision, “without offering or doing violence,” merely abolishes the use of violence as an element of the offense, thus indicating the legislature’s intent that resisting arrest under 843.02 constitutes a separate and distinct crime from that provided in section 843.01....

...We requested that the Committee propose revisions to the instructions in light of our opinion in Polite v. State, 973 So.2d 1107 (Fla.2007). In Polite , we concluded that “knowledge of the officer’s status is an essential element of the crime of resisting an officer with violence under section 843.01[, Florida Statutes (2002)].” 973 So.2d at 1118 ....

...The instructions as set forth in the appendix 1 shall be effective when this opinion becomes final. It is so ordered. QUINCE, C.J., and WELLS, ANSTEAD, PARIENTE, LEWIS, and CANADY, JJ., concur. POLSTON, J., did not participate. APPENDIX 21.1 RESISTING OFFICER WITH VIOLENCE § 843.01, Fla....

...s the police used excessive force. Definition. Give if applicable. “Offering” to do violence means threatening to do violence. *853 Walker v. State, 965 So.2d 1281 (Fla. 2nd DCA 2007). Lesser Included Offenses RESISTING OFFICER WITH VIOLENCE — 843.01 CATEGORY ONE CATEGORY TWO FLA....

...cumstances. In fact, Officer Kelly acted according to Florida law, which specifically provides that “[w]hoever knowingly and willfully resists, obstructs, or opposes ... any officer ... is guilty of a felony of the third degree ....”. Fla. Stat. § 843.01 ....

SHARP, W., HARRIS and THOMPSON, JJ., concur. . § 843.01, Fla. Stat. (1993). . § 316.193(l)(a) & (2)(b)

...assault, since this offense was committed after the amendment's effective date, and imposing a five year term of probation for resisting an officer. SENTENCES VACATED; REMANDED FOR RESENTENCING. DAUKSCH, W. SHARP and GOSHORN, JJ., concur. NOTES [1] Section 843.01 Fla....

...se of voluntary intoxication applies. That offense is committed when one "knowingly and willfully resists, obstructs, or opposes any officer ... in the lawful execution of any legal duty, by offering or doing violence to the person of such officer." § 843.01, Fla.Stat....

...1 Stephens was selling newspapers in Tampa on the corner of Franklin and Polk Streets “confronting people on the street and appearing to hassle with them.” Appellee Saunders was accused by amended information of resisting Stephens’ arrest with violence, in violation of Section 843.01, Florida Statutes (1975)....

...State, 156 Fla. 692 , 24 So.2d 98 (1945); Kirby v. State, 217 So.2d 619 (4th DCA Fla.1969). See Jones v. State, 293 So.2d 116 (3d DCA Fla. 1974); Smith v. State, 292 So.2d 69 (3d DCA Fla. 1974); Rosenberg v. State, 264 So.2d 68 (4th DCA Fla. 1972); F.S. 843.01 (1973)....

...ould, in effect, nullify the clear legislative expression in intent to treat battery on a law enforcement officer as a felony. AFFIRMED. GRIFFIN and SAWAYA, JJ„ concur. . § 775.084, Florida Statutes (1999). . § 784.07(2)(b), Fla. Stat. (1999). . § 843.01, Fla....

FULMER, Judge. The defendant, Sylvester Reddick, appeals his conviction for resisting an officer with violence, a violation of section 843.01, Florida Statutes (1995)....

personal crimes: Chapters 784 and 836 and section 843.-01 Category 5: Burglary: Chapter 810 and subsection

...44) filed by Defendants Ziehl and Milligan is GRANTED in part and DENIED in part. The motion is GRANTED as to Count VIII and is DENIED as to Count II. NOTES [1] The City also filed a motion for summary judgment (Doc. 45). It was granted in a prior Order (Doc. 65). [2] § 843.02, Fla. Stat. [3] § 843.01, Fla....

...� 784.07(2), Fla. Stat. (2005). So far as applicable here, for the offense of resisting an officer with violence to his or her person, the State must likewise show that the officer was engaged “in the lawful execution of any legal duty.... ” Id. § 843.01....

PER CURIAM. This is an appeal from a judgment of conviction and sentence entered by the Criminal Court of Record of Duval County. Appellant was charged with resisting an officer with violence to his person in violation of Section 843.01, Florida Statutes, F.S.A....

...As the trial court properly ruled, this count charged resistance with violence only at the jail. The undisputed evidence regarding the events at the jail established that the appellant was bound in such a manner as to be incapable of “doing violence” as specified in section 843.01, Florida Statutes (1991). The state argues, however, that the conviction can still stand because the appellant made verbal threats to the officers, which constituted “offering” to do violence in contravention of the statute. Section 843.01 provides in pertinent part: Whoever knowingly and willfully resists, obstructs or opposes any officer ......

...(Emphasis added.) The appellant asserts that verbal threats while hog-tied cannot as a matter of law constitute resistance with violence because he did not have the ability to follow through with his threats. We agree. In Scullock v. *144 State, 377 So.2d 682 (Fla.1979), the defendant challenged the constitutionality of section 843.01, asserting that the phrase “offering ......

...By his conduct appellant proposed or threatened to inflict violent harm to the officers, indicating a willingness and having the capacity to achieve that result. We find that a person of ordinary understanding and intelligence would find this conduct to be prohibited by section 843.01....

crime of resisting an officer with violence. Section 843.01, Florida Statutes (2003), provided that “[wjhoever

PER CURIAM. The appellant, Anthony Pani, was found guilty by a jury of the crime of resisting an officer with violence to his person in violation of Section 843.01, Florida Statutes (1975)....

...rior to sentencing. Appellant’s theory of the case was that he was not guilty because he only used sufficient force to repel the officer who assaulted him first. There was some testimony supporting this position. The court charged: “We find that 843.01 of the Florida Statutes reads as follows: “Whoever knowingly and willfully resists, obstructs or opposes any Sheriff, Deputy Sheriff, Officer of the Florida Highway Patrol, Municipal Police Officer, Beverage Enforcement Agent, officer of the...

...The instruction must be stated in the abstract to avoid the usurpation of the jury's authority to make the final call. The principles that we have addressed here apply equally to the statutory element that the victim is an "officer," as defined by law. See § 843.01, Fla....

...probation supervisor; county probation officer; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty." § 843.01, Fla....

...Three petitions for delinquency were filed against appellant, charging him with battery of a law enforcement officer in violation of sections 784.03 and 784.07, Florida Statutes (1981); resisting an officer with violence to his person in violation of section 843.01, Florida Statutes (1981); and possession of twenty grams or less of cannabis in violation of section 893.-13, Florida Statutes (1981)....

...Street is an employee of the Pinellas County School Board who responds to violations of law on the high school campus. For purposes of the matter sub judice, we must determine whether he is a law enforcement officer within the purview of sections 784.07 and 843.01, Florida Statutes (1981)....

...e instant crimes. We affirm Harrison’s sentence. Harrison’s judgment however erroneously classifies the “resisting an officer” charge (count III) as a second-degree felony. Resisting an officer with violence in fact is a third-degree felony. § 843.01, Fla.Stat....

...attempted second-degree murder which is a level eight offense under the 1994 sentencing guidelines. Reversed and remanded for resentenc-ing. *523 CAMPBELL, A.C.J., and NORTHCUTT and STRINGER, JJ., Concur. . See § 784.07(3), Fla. Slat. (1993). . See § 843.01, Fla....

PER CURIAM. Affirmed. § 843.01, Fla....

...M. We affirm appellant’s judgment and sentence entered upon revocation of probation, but remand for correction of the judgment to reflect that resisting an officer with violence is a third-degree felony, rather than a first-degree misdemeanor. See § 843.01, Fla.Stat....

COPE, Judge. David Samuel Crevitz appeals his conviction of resisting an officer with violence. We reverse. The state charged defendant -with resisting an officer with violence, in violation of section 843.01, Florida Statutes (1993)....

...r included offense. . The Fifth District Court of Appeal has recently certified the following question as one of great public importance: IS RESISTING AN OFFICER'WITHOUT VIOLENCE (Section 843.02) A LESSER INCLUDED OFFENSE OF RESISTING WITH VIOLENCE (Section 843.01)? Espinosa v....

So.2d 1176 (Fla.1998), wherein we held that section 843.01, Florida Statutes (1993), which makes it unlawful

So.2d 1176 (Fla.1998), wherein we held that section 843.01, Florida Statutes (1993), which makes it unlawful

...To the contrary, the Florida statutes under which Ms. Harrell was convicted required only "battery upon a law enforcement officer," § 784.07(2)(b), Fla. Stat. (2003), [5] "knowingly and willfully resist[ing] . . . by offering or doing violence to the person of such officer," § 843.01, Fla....

...Any change that may result from the Supreme Court's decision in that case can be addressed in due course. [5] The offense of battery does not require actual or threatened serious injury or even any injury at all. [6] Resisting an officer while offering or doing violence in violation of § 843.01 does not require an offer of serious injury. Thus, for example, in Wright v. State, 681 So.2d 852 (5th DCA 1996), the court said that "offering violence" under § 843.01 included struggling, kicking, and flailing one's arms without even striking the officer....

...3 We reverse the conviction but again, for the same reasons expressed in Foreshaw , certify the following question to the supreme court as one of great public importance: IS RESISTING AN OFFICER WITHOUT VIOLENCE (Section 843.02) A LESSER INCLUDED OFFENSE OF RESISTING WITH VIOLENCE (Section 843.01)? REVERSED....

...er included offense. Our problem with this statement is that in most cases, as in this one, the jury charge merely tracks the statute and alleges that the officer was engaged "in the lawful execution of a legal duty to-wit ...” If this language in section 843.01 does not require proof of a lawful arrest, then how does the same language in section 843.02 require it? And if this language in the information does not require proof of a legal arrest then how can the charging document possibly be co...

784.03, 784.045, 784.07, Fla. Stat. (1993). . § 843.01, Fla. Stat. (1993). .§ 893.13, Fla. Stat. (1993)

...]), and subsection 316.193(3)(c)3, and section 327.351(2) Category 2: Sexual offenses: Chapters 794 and 800¿ and section 826.04, and section 491.0112 Category 3: Robbery: Section 812.13 Category 4: Violent personal crimes: Chapters 784 and 836 and section 843.01 and subsection 381.411(4) Category 5: Burglary: Chapter 810 and subsection 806.13(3) Category 6: Thefts, forgery, fraud: Chapters 322 and 409, section 415.111, chapter 443, section 493.3175, and chapters 509, 812 (except section 812.13...

...accident); § 316.130(18) (walking on a limited access facility or a ramp connecting a limited access facility to any other street or highway); § 316.072(3) (failure to obey commands of police officials); § 843.02 (resisting an officer without violence to his person); § 843.01 (resisting an officer with violence to his person); and § 784.045(1)(a)(1) (aggravated battery). 12 In addition to the video, Plaintiff relies on a few other materials in the record to create an issue of fact as to whether Prosper punched Martin....

...Crist, Jr., Attorney General, Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellee. MONACO, J. The appellant, V.D., takes this appeal from an order adjudicating her delinquent for resisting arrest with violence in violation of section 843.01, Florida Statutes (2005), and battery on a law enforcement officer in violation of section 784.07(2)(b), Florida Statutes (2005)....

...State, 735 So.2d 552 (Fla. 3d DCA 1999). AFFIRMED. PETERSON and GRIFFIN, JJ., concur. . § 893.13(l)(a)(l), Fla. Stat. (1997). . § 893.03(2)(a)(4), Fla. Stat. (1997). . § 893.13(6)(a), Fla. Stat. (1997). . § 784.07(2)(b), 784.07(3), Fla. Stat. (1997). . § 843.01, Fla. Stat. (1997). . § 843.02, Fla. Stat. (1997). . § 893.13(l)(a)l, Fla. Stat. (1997). . § 893.13(6)(a), Fla. Stat. (1997). . § 843.01, Fla....

resisting a police officer with violence under section 843.01, Florida Statutes (1985), which crime is classified

...[Footnote omitted.] Recently, the Florida Supreme Court addressed this issue in Frey v. State, 708 So.2d 918 (Fla.1998), deciding whether the defense of voluntary intoxication applies to a charge of resisting arrest with violence. The court explained that it looked to the plain language of section 843.01, Florida Statues (1997), to determine that resisting arrest with violence is not a specific intent crime.......

...In that case, the supreme court held that where multiple officers are involved with attempting the arrest of one individual, “continuous resistance to the ongoing attempt to effect [the defendant’s] arrest constitutes a single instance of obstruction under section 843.01.” Id....

...Coffin was charged with the misdemeanor of obstruction of justice without violence under Fla. Stat. Ann. § 843.02. Mr. Coffin was charged with several felonies: two counts of battery on a law enforcement officer under Fla. Stat. Ann. § 784.07(2)(b) and § 784.03(1); resisting an officer with violence under Fla. Stat. Ann. § 843.01; two counts of use of a weapon on a law enforcement officer under Fla....

...Coffin was charged with the misdemeanor of obstruction of justice without violence under Fla. Stat. Ann. § 843.02. Mr. Coffin was charged with several felonies: two counts of battery on a law enforcement officer under Fla. Stat. Ann. § 784.07(2)(b) and § 784.03(1); resisting an officer with violence under Fla. Stat. Ann. § 843.01; two counts of use of a weapon on a law enforcement officer under Fla....

391 So.2d 373 (Fla. 2d DCA 1980) involving section 843.01, Florida Statutes, the statute involving resisting

...WETHERELL and MARSTILLER, JJ., concur. . Appellant’s simultaneous convictions for felony fleeing or attempting to elude an officer, in violation of section 316.1935(2), Florida Statutes (2011), and for resisting an officer with violence, in violation of section 843.01, Florida Statutes (2011), stand unchallenged....

...We note a general lack of specificity regarding the basis for Williams’s career offender enhancement, especially because the record suggests that, in addition to Williams’s convictions for battery on a law enforcement officer, Williams pled nolo contendere to resisting an officer with violence in violation of Fla. Stat. § 843.01, a third degree felony....

...Coffin was charged with the misdemeanor of obstruction of justice without violence under Fla. Stat. § 843.02 . Mr. Coffin was charged with several felonies: two counts of battery on a law enforcement officer under Fla. Stat. § 784.07 (2)(b) and § 784.03(1); resisting an officer with violence under Fla. Stat. § 843.01 ; two counts of use of a weapon on a law enforcement officer under Fla....

...cting their arrest of Monds. Resisting an officer with violence, one of the charges against Monds, requires that the defendant resist while the officer is involved in the “execution of legal process or in the lawful execution of any legal duty.” § 843.01, Fla....

DAUKSCH, Judge. Appellant Kirk appeals his sentence imposed in excess of the recommended guideline sentence. Kirk was arrested and pled guilty to resisting an officer with violence in violation of section 843.01, Florida Statutes (1983)....

of an officer with violence, proscribed by section 843.01, Florida Statutes (1995). We affirm all issues

...t subsection 782.-04(l)(a)], and subsection 316.193(3)(c)3, and section 327.351(2) Category 2: Sexual offenses: Chapters 794 and 800 and section 826.04 Category 3: Robbery: Section 812.13 Category 4: Violent personal crimes: Chapters 784 and 836 and section 843.01 and subsection 381.411(4)....

...except section 812.13), 815, 817, 831, and 832. Category 7: Drugs: Chapter 893 Category 8: Weapons: Chapter 790 and section 944.40 Category 9: All other felony offenses RULE 3.988 FORMS d. Category 4: Violent Personal Crimes Chapters 784 and 836 and section 843.01 and subsection 381.411(4).

...Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee. OTT, Judge. Frederick Jordan appeals his conviction for "attempted resisting arrest with violence." Jordan was initially charged with "resisting arrest with violence," in violation of section 843.01, Florida Statutes (1981), which provides: Whoever knowingly and willfully resists, obstructs, or opposes any ......

TERRELL, Justice. Appellant was tried and convicted because he did unlawfully, knowingly and willfully resist, obstruct and oppose the sheriff of Gilchrist County in the exercise of his lawful duty contrary to F.S. Section 843.01, F.S.A....

BENTON, J. Kelvin Parker appeals his convictions and sentences for possession of cocaine, possession of drug paraphernalia, and resisting an officer with violence to his person, in violation of section 843.01, Florida Statutes (2003)....

...Their convictions arose out of an incident which occurred when a deputy sheriff came to their home to serve a warrant for the arrest of a visitor and they intervened on behalf of the visitor. Two of the charges made against appellants were resisting arrest with violence, pursuant to Section 843.01, Florida Statutes (1979), and battery on a law enforcement officer, pursuant to Section 784.-07, Florida Statutes (1979)....

...In Soverino the Supreme Court stated that the statutes at issue frequently overlap and “a prosecutor is imbued .. . with the discretion to decide under which statute he wishes to charge.” In Meeks this court held that under the facts of that case, the defendant was chargeable under either Section 784.07 or 843.01....

...The officer asked Smith and his companions for identification and ran a check on them through the police radio dispatcher. The radio check turned up an active capias for unlawful assemblage on Smith and pursuant to this information, Smith was arrested. As a result of resisting the arrest, he was charged with a violation of section 843.01, Florida Statutes, resisting arrest with violence....

...Threats to cause mental or psychological damage are prohibited under this statute. Duan v. State, 970 So. 2d 903 (Fla. 1st DCA 2007). This instruction was adopted in 2014. 21.1 RESISTING OFFICER WITH VIOLENCE § 843.01, Fla....

...At the time, (Defendant) knew (victim) was [an officer] [a person legally authorized to execute process]. In giving the instruction below, insert the class of officer to which the victim belongs, e.g., law enforcement officer, correctional officer. See Wright v. State, 586 So. 2d 1024 (Fla. 1991). See §843.01 Fla....

...Give if applicable. “Offering” to do violence means threatening to do violence. Walker v. State, 965 So. 2d 1281 (Fla. 2nd DCA 2007). 12  Lesser Included Offenses RESISTING OFFICER WITH VIOLENCE — 843.01 CATEGORY ONE CATEGORY TWO FLA....

...ne year. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment The definition of law enforcement officer is contained in §§ 843.01, 843.02, Fla.Stat....

...See Silvestri v. State, 332 So.2d 351, 354 (Fla. 4th DCA 1976). Comment See Wright v. State, 586 So.2d 1024, 1030 (Fla. 1991) on how to instruct the jury on who qualifies as a law enforcement officer. See section 843.01, Fla....

...of Crime 18  Comment See Wright v. State, 586 So.2d 1024, 1030 (Fla. 1991) on how to instruct the jury on who qualifies as a law enforcement officer. See Florida Statute § 843.01 for a list of law enforcement officers....

...Al Williams challenges the sufficiency of the evidence to revoke his probation and the resulting guidelines departure sentence. We affirm the revocation of probation and reverse the sentence. *644 The appellant was placed on probation in April 1978, for resisting arrest with violence, in violation of section 843.01, Florida Statutes (1977)....

...as kicking and screaming; scratching and punching. 2 Because he did not have handcuffs with him, he continued to struggle with her with one hand, and with the other hand called Titus-ville dispatch on his cell phone. When Titusville police arrived, A.F. was arrested. *1012 In order to violate section 843.01, Florida Statutes (2004), the person resisting a law enforcement officer must do so knowingly and willfully....

...It said: It is an all too sad fact that persons have been victimized as a result of their trusting criminals who were impersonating police officers to facilitate crimes. See, e.g., Miller v. State, 748 So.2d 327 (Fla. 3d DCA 1999). REVERSED and REMANDED. THOMPSON and MONACO, JJ., concur. . § 843.01, Fla....

...ly authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, by offering or doing violence to the person of such officer or legally authorized person, is guilty of a felony of the third degree .... § 843.01, Fla....

...Malicious touching, of a dog is categorized as a first degree misdemeanor. § 843.19(3), Fla. Stat. On the other hand, if those crimes are committed against a law enforcement officer, they have increased penalties. See § 775.0823, Fla. Stat. (2014). The plain meaning of section 843.01, Florida Statutes, compels a conclusion that this statute applies only to resisting persons, not animals....

...efighter, or emergency medical care provider, a first-degree felony in violation of section 784.07(2)(d), Florida Statutes. However, appellant entered a plea of nolo contendere to resisting arrest with violence, a third-degree felony in violation of section 843.01, Florida Statutes....

PER CURIAM. We affirm appellant’s conviction under Section 843.01 Florida Statutes (1983)....

...on 847.0135(4)(a), Florida Statutes (2012); (2) unlawful use of a two-way communications device to facilitate the commission of a felony in violation of section 934.215, Florida Statutes (2012); (3) resisting an officer with violence in violation of section 843.01, Florida Statutes (2012); and (4) resisting an officer without violence in violation of section 843.02....

...As was the appellant in the instant case, Walker was charged with battery upon a law enforcement officer and resisting arrest with violence. The acts constituting each charge resulted from the same conduct during the same episode. The Walker court held that a resisting charge could occur without a battery since section 843.01, Florida Statutes (1979) proscribes not only the doing of violence but also the offer to do violence....

...Coffin was charged with the misdemeanor of obstruction of justice without violence under Fla. Stat. § 843.02 . Mr. Coffin was charged with several felonies: two counts of battery on a law enforcement officer under Fla. Stat. § 784.07 (2)(b) and § 784.03(1); resisting an officer with violence under Fla. Stat. § 843.01 ; two counts of use of a weapon on a law enforcement officer under Fla....

...If there is, the standard instruction is inappropriate and should not be given. See Pittman v. State, 440 So.2d 657 (Fla. 1st DCA 1983). Accordingly, defendant’s convictions and sentences are reversed and the cause is remanded for a new trial. DOWNEY and GLICKSTEIN, JJ., concur. . § 784.07, Fla.Stat. (1983). . § 843.01, Fla.Stat....

...By imposing the additional terms of two years’ probation, the trial court improperly subjected the defendant to a total of seven years’ state supervision. 6 *1021 Accordingly, the defendant’s sentences are reversed and this case remanded for resen-tencing. REVERSED and REMANDED. HARRIS and THOMPSON, JJ., concur. . § 843.01, Fla.Stat....

resisting an officer with violence in violation of section 843.01, Florida Statutes (1995),1 an *141element of

...rd-degree felonies. Based on these statutory changes, and to conform the guidelines to those changes, categories 4, 6, and 7 of rule 3.701(c) are amended to read as follows: Category 4: Violent personal crimes: Section 231.06, ^chapters 784 and 836, section 843.01, and subsection 381.411(4)....

...88(d) Category 4: Violent Personal Crimes Section 231.06 — Assault or Battery Upon District School Board Employee Chapter 784 — Assault, Battery Section 836.05 — Threats, Extortion Section 836.10 — Written Threats to Kill or Do Bodily Injury Section 843.01 — Resisting Officer with Violence Subsection 381.411(4)(b) — Battery on HRS Employee [[Image here]] Note — Any person sentenced for a felony offense committed after October 1, 1988, whose presumptive sentence is any nonstate pris...

RYDER, Judge. On August 29, 1975 the state filed a two-count information charging appellant in Count I with unlawfully resisting an officer with violence pursuant to Section 843.01, Florida Statutes (1975) and in Count II with unlawfully obstructing or opposing an officer without violence pursuant to Section 843.02, Florida Statutes (1975)....

WENTWORTH, Judge. Appellant was convicted and sentenced for two counts of resisting an officer with violence in violation of section 843.01, Florida Statutes. The charges arose from an incident involving state correctional officers. Recent opinions of this court establish that state correctional officers are not within the intendment of section 843.01....

...776.08. Thus, to qualify for drug offender probation, the defendant's offense must be a violation of section 893.13(2)(a) or (6)(a), a third-degree felony under chapter 810, or a felony that is not a forcible felony under section 776.08. Orr's offense is resisting an officer with violence which is prohibited by section 843.01, Florida Statutes (2014), and is therefore not a violation of section 893.13(2)(a) or (6)(a) or chapter 810....

...physical force or violence against any individual." This court has held that the offense of resisting an officer with violence involves the use or threat of physical force or violence because "[o]ne of the elements of resisting arrest with violence under section 843.01 is either offering to do violence or actually doing it." Walker v....

SENTENCE. UPCHURCH, C.J., and DAUKSCH, J., concur. . § 843.01, Fla.Stat. (1985). . § 784.07, Fla.Stat. (1985)

...e v. State, 391 So.2d 373 (Fla.App.2d DCA 1980), in which the court had held that there is no such crime as attempted resisting arrest with violence. As the Tousignant court pointed out, however, the statute governing resisting arrest with violence, section 843.01, prohibits an “offer” to do violence, as well as doing violence....

personal crimes: Chapters 784 and 836 and section 843.-01 Category 5: Burglary: Chapter 810 and subsection

847.04, Florida Statutes, F.S.A. (1971), and Section 843.01 (1971), and holding Section 847.04 uncon*245stitutional

...that the government waived its right to correct the PSR at this late date by failing to object to the claimed error prior to sentencing. Alternatively, petitioner contends that the Florida offense of resisting arrest with violence, under Fla. Stat. § 843.01, is not a "violent felony" as defined by the ACCA [DE # 41]....

...1707, 137 L.Ed.2d 832 (1997). See also Hope v. United States, 108 F.3d 119 (7th Cir.1997) (successive § 2255 motion may not be filed on basis of newly discovered evidence unless it challenges the basis for the conviction and not merely the sentence). [8] Section 843.01, Fla....

...brief to this court. Accordingly, we reverse Mr. Card’s sentences and remand for the trial court to impose lawful sentences. Affirmed in part, reversed in part, and remanded. DAVIS and WALLACE, JJ., Concur. . § 784.07(2)(d), Fla. Stat. (2001). . § 843.01, Fla....

...We agree and reverse the sentence and remand for proper resentencing. A jury convicted the defendant of 1) aggravated battery, § 784.045(l)(a), Fla.Stat. (1985), 2) battery upon a law enforcement officer, § 784.07, Fla.Stat. (1985), and 3) resisting a law enforcement officer with violence, § 843.01, Fla.Stat....

...We reach this conclusion based on our supreme court’s opinion in Frey v. State, 708 So. 2d 918 (Fla. 1998). In Frey, the supreme court was faced with a certified question of whether the offense of resisting arrest with violence, as provided in section 843.01, Florida Statutes (1993), was a specific intent crime to which the defense of voluntary intoxication applied. At that time, section 843.01 provided, in pertinent part: Whoever knowingly and willfully resists, obstructs, or opposes any officer . . . in the lawful execution of any legal duty, by offering or doing violence to the person of such officer . . . is guilty of a felony of the third degree . . . . § 843.01, Fla....

...� in the crime of false pretenses; etc. Id. at 919 (quoting 1 Wayne R. LaFave & Austin W. Scott, Jr., Substantive Criminal Law § 3.5(e) (1986) (footnotes omitted)). Applying the foregoing treatise description, the supreme court looked to section 843.01’s plain language to conclude that resisting arrest with violence is a general intent crime, not a specific intent crime....

resisting an officer with violence in violation of F.S. 843.01. The offense occurred in 1970. Subsequently,

...t for the fact that the victim was a law enforcement officer^ Nevertheless, since consecutive mandatory minimum sentences were not imposed, we think there is no Jackson error. AFFIRMED. HARRIS and SAWAYA, JJ., concur. . § 893.13(l)(f), Fla. Stat. . § 843.01, Fla....

PER CURIAM. We affirm the defendant’s conviction for resisting an officer in the lawful exercise of *778 his legal duty upon a holding that under Section 843.01, Florida Statutes (1981), a • person may be convicted by showing an offer to do violence, see Scullock v....

..., and perform community service. Ribel's Concise Statement of Material Facts ¶ 20. Fils was charged with, (1) battery on a law enforcement officer, in violation of Fla. Stat. § 784.07, (2) resisting arrest with violence, in violation of Fla. Stat. § 843.01, (3) and disorderly conduct, in violation of Fla....

...Therefore, all the police officers are entitled to qualified immunity from Maurice's § 1983 false arrest claims. b. Fils's false arrest claims According to her arrest affidavit, Fils was charged with battery on a law *1208 enforcement officer (Fla.Stat. § 784.07), resisting arrest with violence (Fla.Stat. § 843.01) and disorderly conduct (Fla.Stat. § 877.03). The least serious of these offenses is disorderly conduct. In their motion for summary judgment, however, the police make no mention of the disorderly conduct offense. Instead, they rely entirely on Fils's alleged violation of § 843.01 (resisting arrest with violence) and § 843.02 (resisting arrest without violence)—the latter offense not even having been charged—as the source of the probable cause to arrest....

...Ladies and gentlemen, an officer in hot pursuit – pursuit may enter the premises without a search warrant if there is probable cause to believe that a suspect of a recently committed felony has entered the premises. 1 Martinez was charged with resisting an officer with violence pursuant to section 843.01 of the Florida Statutes and was convicted of the lesser included offense. 2  At trial, two arresting officers testified, respectively and without defense objection, that: “We had proba...

...The State concedes, and we agree that this case must be remanded with directions to the trial court to impose a legal sentence as to that count. On remand, the record should also be corrected to reflect that the appellant was convicted of, and sentenced for, violation of section 843.01, Florida Statutes, resisting an officer with violence....

...The presentence investigation report stated that he was subject to an enhanced sentence under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1), based on three prior convictions: (1) a 1995 Florida conviction for resisting an officer with violence, in violation of Florida Statute § 843.01; (2) a 2003 Indiana conviction for aggravated battery on a law enforcement officer engaged in the execution of his official duty, resulting in bodily injury, in violation of Indiana Code § 35-42-2-1(a)(2)(A); and (3) a 2003 Indiana conv...

...into custody and called for backup. Two other officers arrived. In the struggle J.C. struck one of the backup officers, Officer Garcia, and cut his lip. *1205 The trial court found that J.C. had committed one count of resisting an officer with violence in violation of section 843.01, Florida Statutes (2006), and two counts of battery on a police officer in violation of sections 784.03 and 784.07(2)(b), Florida Statutes (2006)....

...contends that the evidence was legally insufficient to convict him of the crimes charged. In order to convict J.C. of resisting an officer with violence under the circumstances of this case, it was necessary for the State to establish that the officer was engaged in the lawful execution of a legal duty. Id. § 843.01....

PER CURIAM. In this direct criminal appeal, the appellant challenges convictions for various offenses, including two counts of resisting an officer with violence as proscribed by section 843.01, Florida Statutes....

information charging violation of § 847.04 and § 843.01. I would distinguish Phillips v. State, Fla.App

...unce a development of fundamental significance; therefore, Robinson’s claim does not fit within the exception to the two-year bar in rule 3.850(b)(2). State v. Oehling, 750 So.2d 109 (Fla. 5th DCA 1999). The court in Wallace concluded that because section 843.01, Florida Statutes, makes it a felony to resist “any” officer rather than “an” officer, the statute permits only one conviction for such conduct during one episode....

concurs. GOSHORN, J., dissents with opinion. . § 843.01, Fla.Stat. (1993).

...appellant Danny Lee Ivester was not prejudiced by a failure to compel discovery of records contained in Tallahassee Police Officer Thomas Butcher’s personnel file. We therefore affirm the appellant’s conviction of resisting arrest with violence. Section 843.01, Fla.Stat....

State, 681 So.2d 873 (Fla. 1st DCA 1996) (section 843.01 permits only one conviction of resisting an

the information properly states a crime [under § 843.01, Fla.Stat. (1979)] for resisting an officer, to

(“charge of resisting officer with violence, section 843.01, proper when officer has legal right to detain

...he credibility of the witness is within the realm of the trier of fact and will not be disturbed on appeal. See State v. Polak, 598 So.2d 150 (Fla. 1st DCA 1992). AFFIRMED. PETERSON, C. J., and THOMPSON, J., concur. . § 784.07, Fla. Stat. (1993). . § 843.01, Fla....

...or of Alachua County, Florida, seeking an injunction restraining the defendants, “their agents, employees, attorneys and all others acting in concert therewith from the enforcement, operation or exe *773 cution of ss. 806.01 and 806.02, 870.01 and 843.01 of the [Statutes of the] State of Floridaand further restraining the defendants, their agents, etc., “from impeding, intimidating, hindering and preventing the individual plaintiffs and the friends, supporters and members of the organization...

...state prison for not more than ten years. (c) F.S. § 870.01, F.S.A. Punishment of affray A11 persons guilty of an affray or riot shall be punished by imprisonment not exceeding twelve months, or by fine not exceeding five hundred dollars. (d) F.S. § 843.01, F.S.A....

...Grimes was on probation in case number 95-11822 for three charges. The first was battery on a person over 65, a violation of sections 784.03, 784.08(2)(c), Florida Statutes. The victim was his mother. The other charges were resisting arrest with violence, a violation of section 843.01, and driving while license revoked, a violation of section 322.34(1)....

...mpted second-degree murder. He was given concurrent sentences of three years in prison to be followed by twenty-seven years probation on each count. The probationary periods are excessive. Resisting an officer with violence is a third-degree felony, § 843.01, Fla.Stat....

...E THAT LEGAL CONSTRAINT POINTS BE ASSESSED FOR EACH OFFENSE COMMITTED WHILE UNDER LEGAL CONSTRAINT? Judgment AFFIRMED; sentence VACATED; cause REMANDED. PETERSON, J., concurs. COWART, J., dissents with opinion. . § 893.13(3)(a)l Fla.Stat. (1989). . § 843.01 Fla.Stat....

resisting arrest with violence in violation of section 843.01, Florida Statutes (1979), is hereby vacated

...urt on November 3, 1953 * * * ” Resisting arrest is a statutory crime. F.S. § 843.02, F.S.A. relates to resisting arresting officer without violence to his person and provides for punishment by imprisonment not exceeding one year or by fine. F.S. § 843.01, F.S.A....

personal crimes: Chapters 784 and 836 and section 843.-01 Category 5: Burglary: Chapter 810 and subsection