AVERIL POWELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AVERIL POWELL, APPELLANT,
STATE OF FLORIDA, APPELLEE
498 So. 2d 623
Florida District Court of Appeal, First District (1986)
Positive Treatment
Cited by 2 cases
Opinion of the Court
WENTWORTH, Judge.
Appellant was convicted and sentenced for two counts of resisting an officer with violence in violation of section 843.01, Florida Statutes. The charges arose from an incident involving state correctional officers. Recent opinions of this court establish that state correctional officers are not within the intendment of section 843.01. See 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). In accordance with these decisions we therefore reverse appellant’s convictions and vacate the sentences appealed.
BOOTH, C.J., and MILLS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Broxson v. State, 505 So. 2d 1361 (Fla. 1st DCA 1987)…and four years on Count IV. With regard to the first question raised herein, the State acknowledges that decisions from this 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…
Authorities Cited
- Amaker v. State, 492 So. 2d 419 (Fla. 1st DCA 1986)
- Graydon v. State, 492 So. 2d 723 (Fla. 1st DCA 1986)
- Thompson v. State, 493 So. 2d 1081 (Fla. 1st DCA 1986)