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733 So. 2d 559

Docket No. 98-3360.

Stanley v. State

Deborah K. STANLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1999-04-23

Cited by 4 later decisions — most recently March 2001

4 state decisions

Relies on 724 So. 2d 1176 - Wallace v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-04-23

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¶1James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

¶3THOMPSON, J.,

¶4Deborah Stanley appeals her conviction and sentence for three counts of resisting a law enforcement officer with violence.[1] She raises three points on appeal, only one of which merits discussion.

¶5Stanley argues that she cannot be convicted of resisting multiple officers when her arrest arose out of a single confrontation. She is correct. Stanley was arrested after she fought with three law enforcement officers when they arrived at her mobile home to arrest her son. In Wallace v. State,724 So.2d 1176 (Fla.1998), the supreme court held that continuous resistance to an ongoing attempt to effect an arrest is but a single instance of obstruction. 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.

¶6One conviction is AFFIRMED and two convictions are REVERSED and REMANDED with directions.

¶7HARRIS and ANTOON, JJ., concur.

NOTES

¶8[1] § 843.01, Fla. Stat. (1997).

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