Fields v. State

Citation24 So.3d 646
Decision Date09 December 2009
Docket NumberNo. 3D08-1414.,3D08-1414.
PartiesWillie FIELDS, Appellant, v. The STATE of Florida, Appellee.
CourtCourt of Appeal of Florida (US)

Bill McCollum, Attorney General, and Ansley B. Peacock, Assistant Attorney General, for appellee.

Before WELLS, CORTIÑAS, and LAGOA, JJ.

LAGOA, J.

The defendant, Willie Fields ("Fields"), appeals his conviction for disorderly conduct. Because we find that the evidence was insufficient to support the disorderly conduct conviction, we reverse.

I. FACTUAL AND PROCEDURAL HISTORY

Fields was charged by information with one count of resisting an officer with violence in violation of section 843.01, Florida Statutes (2007), and one count of disorderly conduct in violation of section 877.03, Florida Statutes (2007). The disorderly conduct charge was based on the alleged act of "loudly uttering profanities in front of a business." The count for resisting an officer with violence was based on the alleged act of "offering or doing violence to the person of said officer(s), in violation of s. 843.01, Fla. Stat."

The charges against Fields stem from an incident that occurred on August 21, 2007, at a Washington Mutual Bank. After receiving a call, Officer Jackson responded to the scene and overheard someone screaming profanities. Officer Jackson observed Fields standing in the bank's doorway, on his cell phone, yelling loudly, and appearing visibly upset. Approximately ten to fifteen people were inside the bank and another five were gathered near the street, all of whom were watching Fields. Officer Jackson approached Fields with his weapon drawn and told him to get down on the ground. Fields did not comply with the verbal command and responded by stating, "What the f___ you got that gun out for, you are going to go and shoot me?" Officer Jackson proceeded to place Fields against the wall but Fields pushed Officer Jackson back with enough force that both were knocked to the ground. Back-up officers arrived, and assisted Officer Jackson in restraining Fields.

After Officer Jackson testified, the defense made a motion for judgment of acquittal arguing that the State failed to present a prima facie case for the count of disorderly conduct. The trial court denied the motion.

Fields then testified that he was outside the Washington Mutual Bank speaking on the phone with a business associate when he noticed Officer Jackson with his weapon drawn. Upon seeing Officer Jackson, Fields stated, "And what the f___ you're going to do with that gun?" Fields testified that Officer Jackson struck him repeatedly and that he told the officer, "man, you hit like a b___h," and "my mama hit harder than that." Fields also said, "You must come from a line of b______s because you got nothing." This exchange continued until the back-up officers arrived at the scene and arrested Fields. The defense rested and renewed its motion for judgment of acquittal, which the trial court denied.

The jury returned a verdict of guilty on the count of disorderly conduct and not guilty on the count of resisting an officer with violence. The defense renewed its motion for judgment of acquittal after the jury returned the verdict and the trial court denied the motion. Fields was adjudicated guilty as charged and sentenced to seven days time served. This appeal followed.

II. ANALYSIS

Section 877.03, Florida Statutes (2007) states as follows Breach of the peace; disorderly conduct

Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

In State v. Saunders, 339 So.2d 641 (Fla.1976), the supreme court narrowed the statute's scope in order to avoid its application to constitutionally protected speech. As the court explained:

In light of these considerations, we now limit the application of Section 877.03 so that it shall hereafter only apply either to words which "by their very utterance . . . inflict injury or tend to incite an immediate breach of the peace," White v. State, 330 So.2d [3], 7 [(Fla.1976)]; See Chaplinsky v. New Hampshire, 315 U.S. 568, 572, 62 S.Ct. 766, 86 L.Ed. 1031 (1942); or to words, known to be false, reporting some physical hazard in circumstances where such a report creates a clear and present danger of bodily harm to...

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4 cases
  • Anderson v. Wal-Mart Stores, Inc.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • 28 Febrero 2013
    ......Anderson's Facts ¶¶ 84-85; Defendants' Response Facts ¶¶ 84-85. The State Attorney filed a formal charge against Anderson for obstruction pursuant to Florida Statutes § 843.02 only. Anderson's Facts ¶¶ 87-88; Defendants' ..., there must be some evidence that the crowd is actually responding to the defendant's words in some way that threatens to breach the peace." Fields v. State , 24 So. 3d 646, 648 (Fla. Dist. Ct. App. 2009).         Here, it is not the mere fact that a crowd of as many as 20 individuals ......
  • C.W. v. State , 3D10–1591.
    • United States
    • Court of Appeal of Florida (US)
    • 28 Diciembre 2011
    ...have attracted the attention of onlookers, without more, is insufficient to support a charge of disorderly conduct. See Fields v. State, 24 So.3d 646 (Fla. 3d DCA 2009); K.S. v. State, 697 So.2d 1275 (Fla. 3d DCA 1997). The record facts in C.W.'s case do not support a finding of disorderly ......
  • St. Fleury v. State
    • United States
    • Court of Appeal of Florida (US)
    • 2 Mayo 2018
    ......Id. at 940.In Fields v. State , 24 So.3d 646 (Fla. 3d DCA 2009), the defendant's conviction for disorderly conduct was also reversed. There, a crowd gathered to watch the defendant yelling while he was on the phone in the doorway of a bank. When an officer responded, a physical altercation ensued, making the bank ......
  • Greenfield v. City First Mortg. Corp., 3D09-263.
    • United States
    • Court of Appeal of Florida (US)
    • 9 Diciembre 2009
1 books & journal articles
  • Crimes
    • United States
    • James Publishing Practical Law Books The Florida Criminal Cases Notebook. Volume 1-2 Volume 2
    • 30 Abril 2021
    ...There must be evidence that the crowd responded to the defendant’s words in a way that threatens to breach the peace. Fields v. State, 24 So. 3d 646 (Fla. 3d DCA 2009) This all started with a lizard. The defendant raised hell when pet store refused to sell him a pet lizard. Deputies were ca......

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