MARVIN GRAYDON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Graydon, an inmate, was convicted of battery upon a law enforcement officer and resisting an officer with violence. The appellate court affirmed the battery conviction but reversed the resisting conviction, finding that corrections officers are not protected under the resisting statute, and certified a question to the Florida Supreme Court regarding statutory interpretation.
The court affirmed the battery conviction under Section 784.07 but reversed the resisting conviction under Section 843.01, finding that state corrections officers are not included within the class of persons protected under that statute. The court rejected the appellant's argument concerning the trial court's handling of the mistrial motion. The court certified a question to the Florida Supreme Court regarding whether Section 843.01 is violated when a corrections officer is resisted during lawful execution of duty.
[1] A conviction for battery upon a law enforcement officer and resisting an officer with violence may stand even if the facts constituting the first offense also constitute…
[2] A state correctional officer is not included within the class of persons protected under Section 843.01, Florida Statutes, when resisting an officer with violence.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the facts constituting the first offense also constitute the second offense”
Appellant's claim that convicting on both battery and resisting counts constitutes improper duplicitous conviction, which was rejected by reference to State v. Henriquez
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Join FLexlaw to unlock all legal intelligenceAppellant Graydon, an inmate at Union Correctional Institution, had an encounter with State Corrections officer Harris. Graydon was convicted by jury …
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NIMMONS, Judge.
A jury found appellant guilty of one count of battery upon a law enforcement officer under Section 784.07, Florida Statutes (1985), and one count of resisting an officer with violence under Section 843.01, Florida Statutes (1985). Appellant was an inmate at Union Correctional Institution and had an encounter with State Corrections officer Harris, who was the victim of the two above-referred offenses. Appellant claims that it was error to convict and sentence him on both offenses because, as he says, “the facts constituting the first offense also constitute the second offense.” That contention has recently been resolved contrary to appellant’s position in State v. Henriquez, 485 So. 2d 414 (Fla.1986).
Appellant also attacks the conviction and sentence on the Section 843.01 count on the ground that a corrections officer of the State Department of Corrections is not, by reason of the applicable statutory language, included within the class of persons protected under that statute. The exact issue was presented to this Court in another case and has been resolved in favor of appellant’s position. See Amaker v. State, 492 So. 2d 419 (Fla. 1st DCA 1986). We, therefore, reverse appellant’s conviction and sentence on that count.
The appellant’s last point concerns the trial court’s handling of appellant’s motion for mistrial which appellant’s counsel made when a group of corrections officers, who were spectators in the courtroom, laughed during a portion of the defendant’s testimony. We reject appellant’s argument that the trial court dealt with the situation improperly.
Accordingly, we AFFIRM as to Count one and REVERSE as to Count two and REMAND with instructions to vacate and set aside the judgment and sentence imposed in Count two and to dismiss the charge thereunder. MILLS and WENTWORTH, JJ., concur. ON SUGGESTION OF CERTIFICATION
PER CURIAM.
Upon the State’s suggestion, we certify the following question to the Supreme Court pursuant to Fla.R.App.P. 9.030(2)(A)(v):
Is Section 843.01, Florida Statutes, violated when a state correctional officer is resisted while such officer is in the lawful execution of a legal duty?
MILLS, WENTWORTH and NIMMONS, JJ., concur.
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Citator
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State v. Graydon, 506 So. 2d 393 (Fla. 1987)…OVERTON, Justice. This is a petition to review Graydon v. State, 492 So. 2d 723 (Fla. 1st DCA 1986), in which the district court held that section 843.01, Florida Statutes (1985), relating to resisting an officer with violence, does not include state correctional officers. On the state’s suggestion, the court certified the foll…
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Broxson v. State, 505 So. 2d 1361 (Fla. 1st DCA 1987)…s court have established that “state correctional officers are not within the intendment of section 843.01.” Powell v. State, 498 So. 2d 623, 624 (Fla. 1st DCA 1986). See also Thompson v. State, 493 So. 2d 1081 (Fla. 1st DCA 1986); Graydon v. State, 492 So. 2d 723 (Fla. 1st DCA 1986); Amaker v. State, 492 So. 2d 419 (Fla. 1st DCA 1986). Therefore, we reverse the trial court’s denial of motion for judgment of acquittal on the Count IV charge of resisting a state correctional officer with violence. The second…1 / 2
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Thompson v. State, 493 So. 2d 1081 (Fla. 1st DCA 1986)…ion which proscribes resisting an officer with violence. Appellant now makes the same argument on appeal. Recent opinions of this court establish that state correctional officers are not within the intendment of section 843.01. See Graydon v. State, 492 So. 2d 723 (Fla. 1st DCA 1986); Amaker v. State, 492 So. 2d 419 (Fla. 1st DCA 1986). We therefore reverse appellant’s conviction and vacate the sentence for the offense of resisting an officer with violence, and we remand the cause for resentencing. SMITH an…
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- State v. Henriquez, 485 So. 2d 414 (Fla. 1986)
- Amaker v. State, 492 So. 2d 419 (Fla. 1st DCA 1986)