¶1Appellant Adrian Andrew was improperly convicted of both resisting an officer without violence and resisting an officer with violence. The charges of resisting Officer Weiland with and without violence may only be seen as a continuous resistance to Officer Weiland’s ongoing attempt to remove appellant from his car and arrest him. Therefore, appellant may only be convicted of resisting with violence. See e.g. Wallace v. State, 724 So.2d 1176 (Fla.1998); Jones v. State, 764 So.2d 659 (Fla. 1st DCA 2000). We VACATE the conviction and sentence for resisting without violence.
861 So. 2d 528
Andrew v. State
District Court of Appeal of Florida
Decided December 31, 2003
District Court of Appeal of Florida · decided 2003-12-31
Cited by 1 later decisions — most recently April 2012
1 state decisions
Relies on 724 So. 2d 1176 - Wallace v. State · 764 So. 2d 659 - Jones v. State
Good law ✅— No negative treatment on recordhow we know
Decided 2003-12-31
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