Florida/Georgia Personal Injury & Workers Compensation

...Before he could run, the officer grabbed his arm and asked him his name, and he responded "Ed Buchanan." When the witness positively identified him as "Jeff," Muehleman was arrested on charges of obstructing justice by providing false information, a first-degree misdemeanor under section 843.03, Florida Statutes (1983)....

...While waiting for sentencing for those violations, Mr. Roper was arrested and charged with possession of cocaine in violation of section 893.13(6), possession of drug paraphernalia in violation of section 893.147(1), as well as obstruction by a disguised person contrary to section 843.03....

...action. Townsend moved to dismiss the information on the ground that he recanted the false information before booking. The trial court dismissed the charge but certified the following question to this court: *496 Has an offense under Florida Statute 843.03 occurred when, during a lawful investigation, a defendant gives a police officer a false name, is then arrested under Florida Statute 843.03, and after being placed under arrest, prior to booking, gives his correct name? We answer the question in the affirmative and reverse....

...ve year jail sentences with credit for all time served. Appellant argues that he could not be guilty of obstructing justice by disguised person since giving a false name and birth date does not come within the ordinary meaning of disguise. We agree. Section 843.03, Florida Statutes (1977), provides that: Whoever in any manner disguises himself with intent to obstruct the due execution of the law, or with the intent to intimidate, hinder or interrupt any officer, beverage enforcement agent, or ot...

...290 (1917), 1 A.L.R. 638 (1919). These definitions all contain some reference to physical concealment in dress or appearance, and do not encompass appellant's conduct of giving police a false name and birth date. We hold that the term "disguise" as used in Section 843.03, Florida Statutes (1977), is not so broad as to include appellant's conduct....

...(resisting officer with violence); § 843.02, Fla. Stat. (resisting officer without violence); § 843.021, Fla. Stat. (unlawful possession of a concealed handcuff key); § 843.025, Fla. Stat. (depriving officer of a means of protection or communication); § 843.03, Fla....

...eversed and the cause is remanded to the trial court with directions to restore the defendant to the probationary term previously imposed upon a holding that: (a) a person does not commit the misdemeanor offense of obstruction by a disguised person [§ 843.03, Fla....

...The sentencing guideline scoresheet recommended any non-state prison sanction. Barkley raises three issues on appeal. First, he argues that his initial arrest by Officer Lynch was unlawful, on the basis that the giving of a false name and social security number does not constitute a violation of section 843.03 and, therefore, that his convictions for resisting arrest and escape were likewise unlawful....

...State, 372 So.2d 1180 (Fla. 2d DCA 1979), and Leland v. State, 386 So.2d 622 (Fla. 3d DCA 1980). Although the Hartley and Leland cases hold that the giving of a false name and birthdate do not constitute an obstruction of justice by "disguise" under section 843.03, Florida Statutes (1977), the initial arrest in the instant case was based on opposing an officer by the giving of false information pursuant to section 843.02, Florida Statutes....

...or legally authorized person in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor in the first degree... . Unlike an arrest under section 843.03, an arrest under section 843.02 may be based on the giving of false information....

...Butterworth, Atty. Gen., and Paulette R. Taylor, Asst. Atty. Gen., for appellee. Before SCHWARTZ, C.J., and NESBITT and LEVY, JJ. PER CURIAM. We reverse the defendant's conviction for obstruction of justice by a disguised person, in violation of Florida Statutes Section 843.03 (1993)....

...Based upon this evidence alone, the defendant was convicted of obstruction of justice by a disguised person. The mere act of changing one's shirt, absent other facts or circumstances, does not amount to wearing a disguise, and does not constitute a violation of Section 843.03, because it does not change one's overall general appearance and does not hide one's true identity. See Hartley v. State, 372 So.2d 1180, 1181-82 (Fla. 2d DCA 1979); see also Leland v. State, 386 So.2d 622, 622 (Fla. 3d DCA 1980) (§ 843.03 is not violated by giving a police officer a false name); Commonwealth v. Healey, 17 Mass. App. 537, 460 N.E.2d 616 (1984) (discussing the term "disguise" in the context of a similar statute, and collecting cases). Therefore, we reverse the defendant's conviction for the alleged violation of Section 843.03, and remand for the entry of a judgment of acquittal on this charge....

...2.04(1), 777.04(1), and 775.087 of the Florida Statutes (2002), one count of violation of an injunction against domestic violence in violation of section 741.31 of the Florida Statutes (2002), and one count of obstruction by disguise in violation of section 843.03 of the Florida Statutes (2002)....

...While conducting a traffic stop of a car in which appellant was a passenger, an officer asked appellant for identification. Appellant provided a false birth date and a name other than her current one. The investigating officer then arrested appellant for obstruction by disguise, under section 843.03, Florida Statutes (2009), and placed her in a patrol vehicle....

being filed against appellant for violation of Section 843.03, Fla.Stat. (1977), which states: Whoever in

...We affirm appellant’s conviction and sentence for battery on a law enforcement officer, obstruction of justice and trespass on school grounds. The judgment of conviction and probation order erroneously reflect appellant pled nolo contendere and that he violated section 843.03, Florida Statutes (1991)....

...The officer later discovered that the defendant’s real name was Robert Lee Alexander. *434 The defendant points to Leland v. State, 386 So.2d 622 (Fla.3d DCA 1980) where we held that the giving of a false name to a police officer, standing alone, does not constitute a violation of Section 843.03, Florida Statutes (1979). The state correctly distinguishes the prosecution under the present statute from that in Leland v. State, supra. Section 843.03, supra, punishes one who disguises himself with intent to obstruct justice....