Pierce v. State, 681 So. 2d 873 (Fla. 1st DCA 1996). · Go Syfert
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Pierce v. State, 681 So. 2d 873 (Fla. 1st DCA 1996). Cases Citing This Book View Copy Cite
24 citation events (1 in the last 25 years) across 2 distinct courts.
Strongest positive: Allen v. State (fladistctapp, 2012-02-01)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 2 distinct citers.
discussed Cited "see" Allen v. State
Fla. Dist. Ct. App. · 2012 · signal: see · confidence high
See Pierce v. State, 681 So.2d 873 (Fla. 1st DCA 1996) (section 843.01 permits only one conviction of resisting an officer during a single incident, involving multiple officers); Hill v. State, 711 So.2d 1221 (Fla. 1st DCA 1998) ("a/any” test applied in the context of felony possession of firearms); Thibeault v. State, 732 So.2d 28 (Fla. 2d DCA 1999) ("a/any” test applied in the context of section 847.0133 punishing the transmission of obscene material to a minor).
discussed Cited "see" Thibeault v. State
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See Pierce v. State, 681 So.2d 873 (Fla. 1st DCA 1996) (section 843.01 permits only one conviction of resisting an officer during a single incident involving multiple officers).
Arnett Frazier PIERCE, Appellant,
v.
STATE of Florida, Appellee.
95-2393.
District Court of Appeal of Florida, First District.
Oct 22, 1996.
681 So. 2d 873
Per Curiam.
Cited by 15 opinions  |  Published

[*874] Nancy A. Daniels, Public Defender, and Fred Parker Bingham, II, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In this direct criminal appeal, the appellant challenges convictions and sentences imposed for various offenses, including three counts of resisting an officer with violence as proscribed by section 843.01, Florida Statutes. Because this statute refers to "any" officer, and the three counts in the present case are predicated on one incident during which the appellant resisted or opposed three officers, only one conviction is permitted in connection with this single episode. See State v. Watts, 462 So.2d 813 (Fla.1985). Two of these convictions are therefore reversed and, as it appears that this will alter the presumptive sentencing range under the Florida Rule of Criminal Procedure 3.702 guidelines, all of the appellant's sentences are vacated and the case is remanded for resentencing upon a corrected guidelines scoresheet. E.g. Stepps v. State, 675 So.2d 1008 (Fla. 1st DCA 1996). The other convictions are affirmed.

MINER, ALLEN and MICKLE, JJ., concur.