¶1Appellant was convicted and sentenced for the offenses of battery on a law enforcement officer and resisting an officer with violence. 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. See Graydon v. State, 492 So.2d 723 (Fla. 1st DCA 1986); Amaker v. State, 492 So.2d 419 (Fla. 1st DCA 1986). We therefore reverse appellant’s conviction and vacate the sentence for the offense of resisting an officer with violence, and we remand the cause for resentencing.
493 So. 2d 1081
493 So.2d 1081
11 Fla.L.Weekly 1917
Thompson v. State
District Court of Appeal of Florida
Decided September 9, 1986
District Court of Appeal of Florida · decided 1986-09-09
Cited by 2 later decisions — most recently May 1987
2 state decisions
Key passage — most relied on by later courts
“state correctional officers are not within the intendment of section 843.01.”
quoted by 1 later decision, including Broxson v. State
Relies on 492 So. 2d 419 - Amaker v. State · Graydon v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1986-09-09
View the full empirical analysis of this case →