Preston v. State, 785 So. 2d 713 (Fla. 4th DCA 2001). · Go Syfert
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Preston v. State, 785 So. 2d 713 (Fla. 4th DCA 2001). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: DAR v. State (fladistctapp, 2009-12-02)
Top citers, strongest first. 2 distinct citers.
discussed Cited "see" DAR v. State
Fla. Dist. Ct. App. · 2009 · signal: see · confidence high
Id. at 1014 ; see Preston v. State, 785 So.2d 713, 713 (Fla. 4th DCA 2001); Madison v. State, 777 So.2d 1175, 1176 (Fla. 5th DCA 2001) ("[A] continuous resistance to the ongoing attempt to effect a defendant's arrest constitutes a single instance of resisting an officer.").
discussed Cited "see" D.A.R. v. State
Fla. Dist. Ct. App. · 2009 · signal: see · confidence high
Id. at 1014 ; see Preston v. State, 785 So.2d 713, 713 (Fla. 4th DCA 2001); Madison v. State, 777 So.2d 1175, 1176 (Fla. 5th DCA 2001) (“[A] continuous resistance to the ongoing attempt to effect a defendant’s arrest constitutes a single instance of resisting an officer.”).
James PRESTON, Jr., Appellant,
v.
STATE of Florida, Appellee.
4D00-523.
District Court of Appeal of Florida, Fourth District.
May 23, 2001.
785 So. 2d 713
Per Curiam.
Cited by 3 opinions  |  Published

Richard G. Bartmon of Law Offices of Bartmon & Bartmon, P.A., Boca Raton, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Marrett W. Hanna, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's convictions and sentences on all charges except resisting officer without violence, which we vacate. Appellee concedes, and we agree, that on the facts in this case, convictions for both resisting with violence and resisting without violence constitute double jeopardy in that these dual convictions arose out of a continuous single episode. See Wallace v. State, 724 So.2d 1176 (Fla.1998); see also Monnar v. State, 752 So.2d 1252 (Fla. 1st. DCA 2000).

AFFIRMED; CONVICTION FOR RESISTING WITHOUT VIOLENCE VACATED.

SHAHOOD, HAZOURI, JJ., and MIHOK, A. THOMAS, Associate Judge, concur.