Merritt v. State, No. 90557
| Court | United States State Supreme Court of Florida |
| Writing for the Court | WELLS; KOGAN, C.J., OVERTON, SHAW, HARDING and ANSTEAD, JJ., and GRIMES |
| Citation | 712 So.2d 384 |
| Parties | 23 Fla. L. Weekly S286 Christopher MERRITT, Petitioner, v. STATE of Florida, Respondent. |
| Decision Date | 28 May 1998 |
| Docket Number | No. 90557 |
Page 384
v.
STATE of Florida, Respondent.
James B. Gibson, Public Defender, and Stephanie H. Park, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, for Petitioner.
Robert A. Butterworth, Attorney General, and Roberta J. Tylke, Assistant Attorney General, Daytona Beach, for Respondent.
WELLS, Justice.
We have for review Merritt v. State, 691 So.2d 62 (Fla. 5th DCA 1997), which certified conflict with Fredericks v. State, 675 So.2d 989 (Fla. 1st DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We quash the decision of the Fifth District Court of Appeal in this case and approve the decision of the First District Court of Appeal in Fredericks.
Christopher Merritt kicked at a police officer without making contact after the officer attempted to arrest Merritt for striking a woman. Merritt was charged with and convicted of, inter alia, attempted battery of a law enforcement officer. 1 The trial court denied Merritt's motion for a new trial, which was based on the ground that attempted battery of a law enforcement officer is a nonexistent felony.
On appeal, Merritt argued that the offense of attempted battery of a law enforcement officer does not exist. The Fifth District affirmed the conviction, reasoning that the general attempt statute, section 777.04, Florida Statutes (1995), applies to the offense of battery of a law enforcement officer. Merritt. The Fifth District certified conflict with the decision of the First District in Fredericks.
In Fredericks, the appellant was charged with aggravated assault of a law enforcement officer under section 784.07(2)(c), Florida Statutes (1995), after he raised a knife and took a step toward an officer who had responded to a 911 call involving a domestic disturbance. Fredericks, 675 So.2d at 990. The appellant was convicted of the lesser
Page 385
offense of attempted aggravated assault of a law enforcement officer. Id. at 989-90. The First District reversed and remanded for a new trial, holding that section 784.07(2), Florida Statutes (1995), which enhances the penalty for aggravated assault when it is inflicted on a law enforcement officer, does not specify an offense labeled attempted aggravated assault of a law enforcement officer, and therefore, the offense does not exist. Id. at 990.Merritt argues here that the First District's reasoning in Fredericks applies to this...
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State v. Barnum, No. SC03-1315.
...a sentencing enhancement. See Thompson, 695 So.2d at 693. Contrary to the State's position, this Court's decisions in Merritt v. State, 712 So.2d 384 (Fla.1998), and Mills v. State, 822 So.2d 1284 (Fla.2002), did not modify the Thompson holding, and the decision in Thompson remains valid, u......
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Ramroop v. State, No. 5D14–1359.
...we need not reach this question to resolve the issue here.” Thompson, 695 So.2d at 693.174 So.3d 598Subsequently, in Merritt v. State, 712 So.2d 384 (Fla.1998), the court stated that “[s]ection 784.07, Florida Statutes (1995), is an enhancement statute rather than a statute creating and def......
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Ramroop v. State, No. SC15–1816
...commit these crimes upon law enforcement officer." Darst v. State , 816 So.2d 680, 682 (Fla. 5th DCA 2002) (quoting Merritt v. State , 712 So.2d 384, 385 (Fla. 1998) ). However, the Fifth District acknowledged that " section 784.07(c) could also be interpreted as creating a substantive offe......
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Mills v. State, No. SC01-68.
...felony offender1 sentence violated double jeopardy, the majority declined to find controlling this Court's statement in Merritt v. State, 712 So.2d 384, 385 (Fla. 822 So.2d 1286 1998), that the statute for battery on a law enforcement officer is an enhancement statute, classifying such as "......
-
State v. Barnum, No. SC03-1315.
...a sentencing enhancement. See Thompson, 695 So.2d at 693. Contrary to the State's position, this Court's decisions in Merritt v. State, 712 So.2d 384 (Fla.1998), and Mills v. State, 822 So.2d 1284 (Fla.2002), did not modify the Thompson holding, and the decision in Thompson remains valid, u......
-
Ramroop v. State, No. 5D14–1359.
...we need not reach this question to resolve the issue here.” Thompson, 695 So.2d at 693.174 So.3d 598Subsequently, in Merritt v. State, 712 So.2d 384 (Fla.1998), the court stated that “[s]ection 784.07, Florida Statutes (1995), is an enhancement statute rather than a statute creating and def......
-
Ramroop v. State, No. SC15–1816
...commit these crimes upon law enforcement officer." Darst v. State , 816 So.2d 680, 682 (Fla. 5th DCA 2002) (quoting Merritt v. State , 712 So.2d 384, 385 (Fla. 1998) ). However, the Fifth District acknowledged that " section 784.07(c) could also be interpreted as creating a substantive offe......
-
Mills v. State, No. SC01-68.
...felony offender1 sentence violated double jeopardy, the majority declined to find controlling this Court's statement in Merritt v. State, 712 So.2d 384, 385 (Fla. 822 So.2d 1286 1998), that the statute for battery on a law enforcement officer is an enhancement statute, classifying such as "......