Pierce v. State, 95-2393
| Decision Date | 22 October 1996 |
| Docket Number | No. 95-2393,95-2393 |
| Citation | 681 So.2d 873 |
| Parties | 21 Fla. L. Weekly D2296 Arnett Frazier PIERCE, Appellant, v. STATE of Florida, Appellee. First District |
| Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender, and Fred Parker Bingham, II, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, and Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.
In this direct criminal appeal, the appellant challenges convictions and sentences imposed for various offenses, including three counts of resisting an officer with violence as proscribed by section 843.01, Florida Statutes. Because this statute refers to "any" officer, and the three counts in the present case are predicated on one incident during which the appellant resisted or opposed three officers, only one conviction is permitted in connection with this single episode. See State v. Watts, 462 So.2d 813 (Fla.1985). Two of these convictions are therefore reversed and, as it appears that this will alter the presumptive sentencing range under the Florida Rule of Criminal Procedure 3.702 guidelines, all of the appellant's sentences are vacated and the case is remanded for resentencing upon a corrected guidelines scoresheet. E.g. Stepps v. State, 675 So.2d 1008 (Fla. 1st DCA 1996). The other convictions are affirmed.
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...We have for review Wallace v. State, 689 So.2d 1159 (Fla. 4th DCA 1997), which certified conflict with the decision in Pierce v. State, 681 So.2d 873 (Fla. 1st DCA 1996), on the issue of whether section 843.01, Florida Statutes (1993), permits more than one conviction predicated on a single......
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Hill v. State, 97-1852
...test" has since been legislatively overruled by the adoption in 1988 of section 775.021(4)(b), Florida Statutes. In Pierce v. State, 681 So.2d 873 (Fla. 1st DCA 1996), this court held that multiple convictions for resisting an officer with violence in violation of section 843.01, Florida St......
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Allen v. State
...Watts, Florida courts have applied the “a/any” test as dispositive on the issue of what is a unit of prosecution. See Pierce v. State, 681 So.2d 873 (Fla. 1st DCA 1996) (section 843.01 permits only one conviction of resisting an officer during a single incident, involving multiple officers)......
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Jones v. State, 97-964
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