F.P., v. STATE

No. 5D00-2061.

778 So.2d 1072 (2001)

F.P., A Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 2, 2001.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Linda L. Gaustad, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Denise O. Simpson, Assistant Attorney General, Daytona Beach, for Appellee.


HARRIS, J.

The issue in this case is whether section 843.02, Florida Statutes, which requires that one not "resist, obstruct, or oppose any officer ... in the lawful execution of any legal duty" also requires one to cooperate with the officer by answering questions. It appears that the law of this state is that it does not.

The officer arrived at the scene to investigate a reported fight which had ended. Appellant was found at the scene yelling and waiving...

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