Simeon v. State, 4D99-3489.
| Decision Date | 14 February 2001 |
| Docket Number | No. 4D99-3489.,4D99-3489. |
| Citation | 778 So.2d 455 |
| Parties | Wilnard SIMEON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Carey Haughwout, Public Defender, Cherry Grant, Assistant Public Defender, Linda Webb and Gregg Brennan, Legal Interns, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.
The State charged appellant with robbery with a firearm and resisting an officer without violence. On the robbery count, the jury found appellant guilty of the lesser included offense of petit theft, a second degree misdemeanor and guilty as charged on the resisting an officer without violence count. At sentencing, the trial court enhanced appellant's sentence for petit theft to a first degree misdemeanor due to a prior conviction for grand theft.
Appellant raises four points on appeal, two of which merit discussion. He contends that the trial court erred by denying his motion for judgment of acquittal on the charge of resisting an officer without violence. He also contends that his sentence for petit theft was improperly enhanced.
Appellant claims that the trial court should have granted his motion for judgment of acquittal because the State presented evidence that he resisted Officer Hartman, while the information charges him with resisting Officer Ragin. The record shows that when Officer Hartman arrested appellant, appellant gave him a false name and date of birth. The date of birth he gave to Officer Hartman would have qualified him for juvenile offender treatment. After being taken to the Detective Bureau at the police station for interrogation, appellant repeated the false name and date of birth to Officer Ragin. Following the interview with Officer Ragin, appellant was transported to the Juvenile Intake Facility. Officer Hartman subsequently discovered appellant's correct name and date of birth, and communicated this information to Officer Ragin. Appellant was then transferred to an adult detention facility.
Appellant argues that because Officer Hartman was the arresting officer, the giving of false information obstructed only him. He also argues that because Officer Hartman communicated the correct information to Officer Ragin, the false information did not obstruct Officer Ragin.
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Lu Jing v. State
...officer with violence, section 843.01, proper when officer has legal right to detain suspect for questioning"); Simeon v. State , 778 So. 2d 455 (Fla. 4th DCA 2001) ("providing false information to non-arresting officer sufficient to support a violation of § 843.02"); K.A.C. v. State , 707 ......
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Ford v. City of Boynton Beach
...officer attempting to investigate traffic infraction could be convicted of resisting arrest without violence), and Simeon v. State , 778 So. 2d 455, 456 (Fla. 4th DCA 2001) (defendant's act of giving interviewing officer a false name and date of birth constituted resisting an officer in exe......
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Ford v. City of Boynton Beach
...officer attempting to investigate traffic infraction could be convicted of resisting arrest without violence), and Simeon v. State, 778 So. 2d 455, 456 (Fla. 4th DCA 2001) (defendant's act of giving interviewing officer a false name and date of birth constituted resisting an officer in exec......