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W.W. v. State, No. 4D08-514 (Fla. App. 11/12/2008) (Fla. App., 2008)

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W.W., a child, Appellant, v. STATE OF FLORIDA, Appellee.No. 4D08-514. District Court of Appeal of Florida, Fourth District. November 12, 2008. Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County, Steven Levin, Judge, L.T. Case No. 432007CJ000562A. Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant. Bill McCollum, Attorney General, Tallahassee, and Diane F. Medley, Assistant Attorney General, West Palm Beach, for appellee. TAYLOR, J. W.W., a juvenile, was found guilty of resisting or obstructing a law enforcement officer without violence. He argues that the trial court erred in denying his motion for judgment of dismissal because the state failed to prove that the officer was engaged in the execution of a lawful duty at the time he questioned appellant at his house and that appellant’s words alone did not constitute obstruction or resistance of any lawful duty...continue to full post

Full post as published by Florida Criminal Law Opinions on November 12, 2008 (boomark / email).