Leland v. State

Willie E. LELAND, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 12, 1980.

District Court of Appeal of Florida · decided 1980-08-12

Key passage — most relied on by later courts

“a person does not commit the misdemeanor offense of obstruction by a disguised person ... by the sole act of giving ... a false name to a police officer upon being stopped”

quoted by 1 later decision, including People v. Jackson

Relies on State ex rel. Lewis v. Roberts · D. G. v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1980-08-12

How this case has been cited

Cited by 6 later decisions — most recently June 2006

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Bennett H. Brummer, Public Defender and Peter Raben and Edward M. Koch, Asst. Public Defenders, for appellant.

¶2Jim Smith, Atty. Gen. and Anthony C. Musto, Asst. Atty. Gen., for appellee.

¶3Before HUBBART, NESBITT and DANIEL S. PEARSON, JJ.

¶4PER CURIAM.

¶5The order revoking the defendant's probation, which is under review by this appeal, is reversed and the cause is remanded to the trial court with directions to restore the defendant to the probationary term previously imposed upon a holding that: (a) a person does not commit the misdemeanor offense of obstruction by a disguised person [§ 843.03, Fla. Stat. (1979)], by the sole act of giving, as here, a false name to a police officer upon being stopped by said officer, and (b) a person's probation may not be revoked for violating the above statute, as here, based on such conduct. D.G. v. State,375 So.2d 868 (Fla.2d DCA 1979); Hartley v. State,372 So.2d 1180 (Fla.2d DCA 1979).

¶6Reversed and remanded.