JARVIS GAINES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jarvis Gaines appeals the revocation of his probation following findings that he committed multiple violations including batteries and resisting law enforcement officers. The court affirms the revocation, holding that the evidence supports the violations and that due process requirements were satisfied.
The court affirmed the probation revocation, holding that the evidence supports all findings of violations. Under Wallace v. State, only one resisting charge could be sustained from the 30-second altercation with officers, but this does not disturb the battery on a law enforcement officer finding. The felony battery conviction is supported by evidence of great bodily harm. The difference between pleading aggravated battery and proving felony battery does not violate due process where the defendant had notice of the conduct and demonstrated no prejudice.
[1] Continuous resistance to an ongoing attempt to effect an arrest constitutes a single instance of obstruction, even if multiple offenses against law enforcement officers a…
[2] Giving a false alias to police can constitute a separate offense of obstruction of justice, distinct from physical resistance during an arrest.
Previewing 2 of 6 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“While the defendant may have committed more than one offense in his altercation with the officers, including possibly multiple assaults or batteries, or both, on law enforcement officers as were separately charged here, we conclude that his continuous resistance to the ongoing attempt to effect his arrest constitutes a single instance of obstruction....”
Establishes the single-obstruction rule from Wallace that limits conviction on multiple resisting charges arising from one continuous resistance to arrest
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGaines engaged in a 30-second struggle with two arresting officers during which he pushed one officer, tried to pull away from another, and attempted …
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THOMPSON, C.J.
Jarvis Gaines appeals the revocation of his probation. We affirm.
The trial court found that Gaines had committed a simple battery on Taneca McCray, a felony battery on Reginald Burns, battery on a law enforcement officer, resisting a law enforcement officer with violence, and resisting a law enforcement without violence. We conclude that the evidence supports these findings. However, in Wallace v. State, 724 So. 2d 1176 (Fla.1998), the court held that only one obstruction conviction could be sustained where the defendant had an altercation with two police officers. The court stated:
While the defendant may have committed more than one offense in his altercation with the officers, including possibly multiple assaults or batteries, or both, on law enforcement officers as were separately charged here, we conclude that his continuous resistance to the ongoing attempt to effect his arrest constitutes a single instance of obstruction....
Id. at 1181.
In the instant case, in the course of a 30-second struggle with the two arresting officers, Gaines pushed one officer, tried to pull away from the other, and tried to hit the other. Under Wallace, only one resisting charge arising out of this scuffle can be sustained. Wallace, however, would not disturb the trial court’s finding that Gaines committed a battery on a law enforcement officer. We note further that the additional obstruction charge could be sustained based on the testimony that Gaines gave an alias when asked by police to identify himself. See Rumph v. State, 544 So. 2d 1150 (Fla. 5th DCA 1989).
We also think the evidence was sufficient to show that Gaines committed a felony battery on Burns. Gaines admitted hitting Burns but claimed it was in self defense. A conviction for felony battery requires a showing that the defendant caused “great bodily harm, permanent disability, or permanent disfigurement.” § 784.041, Fla. Stat.(2000). Burns testified that the blow knocked him to the ground, and that he sustained a “busted” lip, a loose tooth, and a cut on his hand. He received treatment at an emergency room, where he was advised to see a dentist for the tooth, and at the hearing the court noted a “shiny discoloration and mark” on his hand. We think this testimony is sufficient for a finding of felony battery. Compare, Owens v. State, 289 So. 2d 472, 474 (Fla. 2d DCA 1974).
Gaines also claims that the felony battery violation must be stricken because the affidavit of violation alleged that he had committed an aggravated battery. The difference in pleading and proof, he contends, mandates relief. As a matter of due process, probation may not be revoked for conduct not charged in the affidavit alleging a violation of probation. See e.g., Moser v. State, 523 So. 2d 783 (Fla. 5th DCA 1988). Here, the affidavit of violation charged that Gaines committed an aggravated battery on March 1, 2000. The violation report form states when and where the incident occurred, that Gaines punched Burns, and that Burns fell as a result of the punch and sustained a large laceration in the lower lip area. Because Gaines was on notice of what he was being charged with, and because he alleges no prejudice as a result of the difference between the pleading and proof, he has shown no error in the court’s finding. See Freiheit v. State, 458 So. 2d 1172 (Fla. 4th DCA 1984) (defendant afforded due process where affidavit of violation alleged burglary and court found defendant committed attempted burglary).
Finally, Gaines argues that the only violation supported by the evidence is obstruction of justice by giving an alias, and that therefore we should remand for reconsideration of the revocation and sentence. If it were true that the only viable violation, was for resisting without violence, we would remand for reconsideration. See e.g. Bell v. State, 773 So. 2d 1201 (Fla. 3d DCA 2000). However, we think all of the violations found by the trial court were supported by the evidence, and that the proceedings afforded Gaines due process. Furthermore, even if the violation for resisting without violence were omitted, and even if the felony battery were to be reduced to simple battery, we would not remand because of the significance of the remaining violations. See e.g. Griffin v. State, 719 So. 2d 972 (Fla. 4th DCA 1998).
AFFIRMED.
SHARP, W. and HARRIS, JJ., concur.
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Quezada v. State, 992 So. 2d 916 (Fla. 4th DCA 2008)…ardy principles, requiring vacation of the lesser charge, where both offenses arose from a single criminal episode). See also Wallace v. State, 724 So. 2d 1176 (Fla.1998); Williams v. State, 959 [*917] So. 2d 790 (Fla. 2d DCA 2007); Gaines v. State, 800 So. 2d 732 (Fla. 5th DCA 2001). Reversed and remanded. STONE, WARNER and DAMOORGIAN, JJ., concur.…
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United States v. Smith, 725 F. Supp. 2d 1336 (M.D. Fla. 2010)…involve the requisite level of physical force or violence contemplated by the [state] forcible felony statute” relating to sentencing under the Florida violent career criminal statute. Hearns, 961 So.2d at 218. See also Gaines v. State, 800 So.2d 732 (Fla. 5th DCA 2001) (finding sufficient evidence of Felony Battery for hitting a police officer during a 30-second struggle); Lewis v. State, 817 So.2d 933 (Fla. 4th DCA 2002) (upholding Felony Battery conviction for a punch to the face with a…
Authorities Cited
- Castro v. State, 389 So. 3d 633 (Fla. 3d DCA 2025)
- Owens v. State, 289 So. 2d 472 (Fla. 2d DCA 1974)
- Woods v. Ashlin, 544 So. 2d 1150 (Fla. 4th DCA 1989)
- Rumph v. State, 544 So. 2d 1150 (Fla. 5th DCA 1989)
- Freiheit v. State, 458 So. 2d 1172 (Fla. 4th DCA 1984)
- Moser v. State, 523 So. 2d 783 (Fla. 5th DCA 1988)
- Griffin v. State, 719 So. 2d 972 (Fla. 4th DCA 1998)
- Mahoney v. Uladislao Diaz and Kyong Diaz, 719 So. 2d 972 (Fla. 5th DCA 1998)
- Shadrick Bell v. State, 773 So. 2d 1201 (Fla. 3d DCA 2000)