State v. Gavin

District Court of Appeal of Florida

Decided October 22, 1980

District Court of Appeal of Florida · decided 1980-10-22

Cited by 1 later decisions — most recently August 2006

1 state decisions

Key passage — most relied on by later courts

“engaged in the lawful performance of his duties”

quoted by 1 later decision, including 936 So. 2d 725 - State v. Young

Relies on 383 So. 2d 900 - Street v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1980-10-22

View the full empirical analysis of this case →

LETTS, Chief Judge.

¶1We are concerned here with a trial judge’s dismissal of an information which charged the defendant with battery upon a law enforcement officer while engaged in the lawful performance of his duties contrary to Section 784.07(2)(b), Florida Statutes (1977). We reverse.

¶2The stated reason for the dismissal was the failure of the information to allege with specificity the lawful duties which the officer was performing. We find this ruling to be in error under the law laid down by our Supreme Court in Street v. State, 383 So.2d 900 (Fla.1980), a decision rendered after the trial judges’ ruling.

¶3REVERSED AND REMANDED IN ACCORDANCE HEREWITH.

ANSTEAD and HURLEY, JJ., concur.