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STATE v. O'DANIELS

No. 3D04-1075.

911 So.2d 247 (2005)

The STATE of Florida, Appellant, v. Ron Andrew O'DANIELS, Appellee.

District Court of Appeal of Florida, Third District.

September 28, 2005.

Attorney(s) appearing for the Case

Charles J. Christ, Jr., Attorney General, and John D. Barker, Assistant Attorney General; Murray H. Dubbin, City Attorney, and Sheri Sack, First Assistant City Attorney, for appellant.

Bennett H. Brummer, Public Defender, and John Eddy Morrison, Assistant Public Defender, for appellee.

The American Civil Liberties Union Foundation of Florida, Inc. and Rosalind J. Matos, as Amicus Curiae for appellee.

Before RAMIREZ, WELLS, and CORTIÑAS, JJ.

CORTIÑAS, Judge.

Ron Andrew O'Daniels ("O'Daniels") was playing his guitar on Ocean Drive and 14th Street in the City of Miami Beach, Florida ("City"). Three police officers observed O'Daniels and instructed him to stop playing his guitar. He refused, stood up, and stepped toward the officers. An altercation ensued and O'Daniels was arrested for violating Miami Beach Ordinance 2001-3313 entitled "Street Performers and...

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