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M.W. v. STATE

No. 2D10-2395.

51 So.3d 1220 (2011)

M.W., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 14, 2011.

Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Richard J. Sanders , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Donna S. Koch , Assistant Attorney General, Tampa, for Appellee.

WALLACE, Judge.

M.W. appeals an order withholding adjudication for the delinquent act of obstructing or opposing an officer without violence. M.W.'s alleged obstruction occurred during his warrantless arrest for an assault, a misdemeanor committed outside the presence of the arresting officer. Because a warrantless arrest for the kind of assault at issue in this case is lawful only if the offense is committed in the officer's presence, the officer was not engaged...

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