State v. Cochran
| Decision Date | 17 January 1996 |
| Docket Number | No. 95-01623,95-01623 |
| Citation | 667 So.2d 850 |
| Parties | 21 Fla. L. Weekly D207 STATE of Florida, Appellant, v. John COCHRAN, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Sarasota County; Harry M. Rapkin, Judge.
Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.
James Marion Moorman, Public Defender, and Julius J. Aulisio, Assistant Public Defender, Bartow, for Appellee.
The State of Florida challenges a post-verdict order granting John Cochran's motion for judgment of acquittal on the charge of battery on a law enforcement officer, reducing the verdict of guilty as charged to the lesser offense of battery. We reverse.
The incident giving rise to Cochran's charge for battery on a law enforcement officer occurred at the police station while officers were trying to fill out paperwork pursuant to Cochran's arrest on a separate charge. At Cochran's trial, he made a motion for judgment of acquittal at the close of the state's case and at the close of all the evidence. Cochran argued that his original arrest was unlawful, and therefore, all of the elements of battery on a law enforcement officer were not proven because the officer he battered was not engaged in the lawful performance of his duties. The trial court reserved ruling on the motion, and the jury found Cochran guilty as charged. Thereafter, the trial court granted Cochran's motion on the charge of battery on a law enforcement officer, reducing the verdict to misdemeanor battery.
First, Cochran argues that the state may not appeal the trial court's order granting the motion for judgment of acquittal. We disagree. Pursuant to section 924.07(1)(j), Florida Statutes (1993), the state may appeal a ruling granting a motion for judgment of acquittal after a jury verdict. See also State v. Smith, 601 So.2d 263 (Fla. 1st DCA), review denied, 605 So.2d 1266 (Fla.1992).
Second, for purposes of this appeal, we accept the trial court's determination that Cochran's initial arrest was unlawful. However, a suspect is not justified in committing a battery on a law enforcement officer, even if the suspect is in custody pursuant to an unlawful arrest. State v. Freeney, 613 So.2d 523 (Fla. 2d DCA), review denied, 621 So.2d 1065 (Fla.1993); Morley v. State, 362 So.2d 1013 (Fla. 1st DCA 1978). Consequently, the illegality of Cochran's initial...
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Hudson v. State
...courts allowing the state to "appeal a ruling granting a motion for judgment of acquittal after a jury verdict," State v. Cochran, 667 So.2d 850, 851 (Fla. 2d DCA 1996), while refusing to allow the state to appeal where "there was no verdict." State v. Fudge, 645 So.2d 23, 24 (Fla. 2d DCA 1......
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State v. Solomon
...of a judgment of acquittal and remand for the reinstatement of the jury verdict and the imposition of sentence. See State v. Cochran, 667 So.2d 850 (Fla. 2d DCA 1996) (detainee not justified in committing battery on law enforcement officer even where detention is FARMER, KLEIN and STEVENSON......