Clark v. State

Clark was convicted and sentenced for both escape and resisting arrest without violence. The state relied on the same conduct to support both counts. We conclude that the conviction for resisting arrest without violence is not a violation of the double jeopardy clauses of the Florida and United States Constitutions, and affirm.

The record reflects that a deputy sheriff found Clark sitting in a parked vehicle and advised him that he was under arrest on an outstanding warrant. The deputy ordered Clark to step out of the car. Twice, the deputy explained that he had a warrant for Clark’s arrest,…