Meeks v. State, LL-35
| Decision Date | 04 April 1979 |
| Docket Number | No. LL-35,LL-35 |
| Citation | 369 So.2d 109 |
| Parties | David Michael MEEKS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Michael J. Minerva, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Charles A. Stampelos, Asst. Atty. Gen., for appellee.
Meeks appeals his conviction of battery on a law enforcement officer and sentence of six months to three years. Appellant alleges that the trial court erred in denying the motion to dismiss the information on the grounds that the officers were not in the lawful performance of their duties at the time of the offense. § 784.07, Fla.Stat. (1977). The batteries occurred while the officers were executing an allegedly illegal misdemeanor warrant. However, just as the appellant is not justified in using force to resist an unlawful arrest pursuant to Sections 843.01 and 776.051(1), Florida Statutes (1977), neither is he justified in committing a battery to resist an unlawful arrest pursuant to Section 784.07, Florida Statutes (1977). See Lowery v. State, 356 So.2d 1325 (Fla. 4th DCA 1978). Under these unique facts, Sections 784.07 and 843.01 overlap in their application and the appellant was properly chargeable under either statute. Accordingly, the judgment is AFFIRMED.
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...may rely upon some technical deficiency or irregularity in the warrant under which he has been taken into custody. See, Meeks v. State, 369 So.2d 109 (Fla.1979); Lowery v. State, 356 So.2d 1325 (Fla. 4th DCA 1978); State v. Johnson, 382 So.2d 866 (Fla. 2nd DCA We think the correct rule of l......
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...rather than street). See also K.G. v. State, 338 So.2d 72 (Fla. 3d DCA 1976), cert. den., 352 So.2d 172 (Fla.1977). In Meeks v. State, 369 So.2d 109 (Fla. 1st DCA 1979), the district court, citing to section 784.07, Florida Statutes [reclassifies offense when person knowingly commits batter......
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Ivester v. State
...one may not resist arrest with violence, even if the arrest is technically illegal. Lowery, supra, at 1326; see also Meeks v. State, 369 So.2d 109 (Fla. 1st DCA 1979); Morley v. State, 362 So.2d 1013 (Fla. 1st DCA 1978). The Lowery court specifically left open the question of a defendant's ......
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Carwise v. State, AW-31
...to the charge. State v. Barnard, 405 So.2d 210 (Fla. 5th DCA 1983); State v. Johnson, 382 So.2d 866 (Fla. 2d DCA 1980); Meeks v. State, 369 So.2d 109 (Fla. 1st DCA 1979); Lowrey v. State, 356 So.2d 1325 (Fla. 4th DCA 1978). Accordingly, the judgments appealed from below AFFIRMED. WENTWORTH ......