N.J., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2005-02-02
No. 4D04-1277
POLEN, KLEIN and SHAHOOD, JJ., concur.
891 So. 2d 1201 Florida District Court of Appeal, Fourth District (2005) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant was found guilty of resisting an officer without violence. He argues that the trial court should have dismissed the case because appellant’s actions did not amount to anything other than speech protected under the United States and Florida constitutions. According to the arresting officer, however, while he was in the process of issuing a parking citation to another person, appellant came towards him with his fists clenched and his arms waving until he was about two feet away. The officer testified he feared for his safety and placed appellant under arrest. Although appellant’s version differed from that of the officer, the evidence supports a finding that this amounted to more than protected speech. Affirmed.

POLEN, KLEIN and SHAHOOD, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Bargiel v. Colt Studio, Inc., 901 So. 2d 315 (Fla. 4th DCA 2005)
    …very orders. In fact, petitioner has argued that he was not given an opportunity to provide the hard copy documents the court ordered on February 1, 2005 because the court also ordered his incarceration at the same time. We said in Miller v. Miller, 891 So. 2d 1201, 1201 (Fla. 4th DCA 2005), “In a civil contempt proceeding, the trial court cannot incarcerate, even if only coercively, without providing the contemnor the opportunity to prove his inability to comply.” It is also settled that a trial court must af…

Full citator, related cases, and AI research tools

Open in FLexlaw