JOHNSON v. STATE

No. 4D07-2149.

989 So.2d 1228 (2008)

Trond JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 10, 2008.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Diane F. Medley, Assistant Attorney General, West Palm Beach, for appellee.


STEVENSON, J.

Trond Johnson was tried by jury and convicted of resisting an officer with violence. In this appeal, Johnson challenges his conviction, arguing the evidence at trial failed to establish that the resistance took place during either an arrest or a lawful detention and thus his conviction cannot stand. We find merit in Johnson's argument.

Section 843.01, Florida Statutes (2006), makes it a crime for a person to "knowingly and willfully resist[]...

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