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681 So. 2d 873

Docket No. 95-2393.

Pierce v. State

Arnett Frazier PIERCE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 22, 1996.

District Court of Appeal of Florida · decided 1996-10-22

Key passage — most relied on by later courts

“and the three counts ... [were] predicated on one incident during which the appellant resisted or opposed three officers, only one conviction [was] permitted.”

quoted by 1 later decision, including 724 So. 2d 1176 - Wallace v. State

Relies on 462 So. 2d 813 - State v. Watts · Stepps v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-10-22

How this case has been cited

Cited by 15 later decisions — most recently February 2012

15 state decisions

130199620002010decided

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.

View the full empirical analysis of this case →

¶1*874 Nancy A. Daniels, Public Defender, and Fred Parker Bingham, II, Assistant Public Defender, Tallahassee, for Appellant.

¶2Robert A. Butterworth, Attorney General, and Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4In 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. Because this statute refers to "any" officer, and the three counts in the present case are predicated on one incident during which the appellant resisted or opposed three officers, only one conviction is permitted in connection with this single episode. See State v. Watts,462 So.2d 813 (Fla.1985). Two of these convictions are therefore reversed and, as it appears that this will alter the presumptive sentencing range under the Florida Rule of Criminal Procedure 3.702 guidelines, all of the appellant's sentences are vacated and the case is remanded for resentencing upon a corrected guidelines scoresheet. E.g. Stepps v. State,675 So.2d 1008 (Fla. 1st DCA 1996). The other convictions are affirmed.

¶5MINER, ALLEN and MICKLE, JJ., concur.

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