Legal Opinion

Simmons v. State

Circuit Court for the Judicial Circuits of Florida

Decided August 30, 1989No. Case No. 88-19-APPublished

1Opinion of the Court

OPINION OF THE COURT

Appellant, Robert Lawrence Simmons, appeals from a jury verdict finding him guilty of Obstructing or Opposing a Police Officer in violation of Section 843.02, Florida Statutes. Simmons was sentenced to 30 days in jail, followed by six months probation and was given a fine of $625.00 and was ordered to complete 50 hours of community service. Simmons challenges the constitutionality of Section 843.02, Florida Statutes, which provides in part:

Whoever shall obstruct or oppose any such officer ... in the execution of legal process or in the lawful execution of any legal *60duty,…

2Cases cited3 opinions

  1. City of Houston v. HillSupreme Court of the United States · 1987
  2. George Roman Dreske v. James D. Holt, Sheriff, Martin County, FloridaCourt of Appeals for the Fifth Circuit · 1976
  3. State v. DeeseDistrict Court of Appeal of Florida · 1986

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