FENQWAVIOUS LOPEZ
v.
THE STATE OF FLORIDA
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The trial court committed fundamental error by failing to instruct the jury that the officer must have been engaged in the lawful execution of a legal duty at the time of the alleged resistance.
[1] The trial court commits fundamental error requiring reversal when it fails to instruct the jury that the officer must have been engaged in the lawful execution of a legal…
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Join FLexlaw to unlock all legal intelligenceFenqwavious Lopez was convicted of resisting an officer without violence following a trial in Miami-Dade County in April 2022. The trial court did not…
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PER CURIAM.
Fenqwavious Lopez appeals a final judgment of conviction and sentence rendered on April 13, 2022. The sole issue that Lopez raises on appeal is that the trial court fundamentally erred when it failed to instruct the jury on an essential element of the charge of resisting an officer without violence; that is, that the officer was engaged in the lawful execution of a legal duty at the time when Lopez allegedly resisted. In response, the State has filed a Notice of Confession of Error.
Accordingly, based on our review of the record, as well as the State’s commendable confession of error, the final judgment and sentence are reversed and the cause is remanded to the trial court for further proceedings.
Reversed and remanded.