Augustine v. State

I must respectfully dissent from the majority’s decision to affirm the appellant’s conviction. At the risk of repeating some of the facts already supplied in the majority opinion, I submit the following information from the record in order to fully explain the reasons why I am compelled to disagree with the majority.

On the evening in question, Deputies Teed and Johnson were in a marked car patrolling an area in Florence Villa in connection with a special drug enforcement assignment. At the time of this incident, there were thirty or forty people coming and going on the street, including the…