Jaramillo v. City of Homestead

MUSZYNSKI, Circuit Judge:

The appellant by direct appeal pursuant to Article , V, Sec. 3(b)(1), Fla.Const., seeks review of an order of the Municipal Court of the City of Homestead, purportedly holding Fla.Stat. Sec. 843.02 to be constitutional.

The appellant was arrested on charges of assault and battery and resisting arrest without violence which resulted respectively from the appellant’s throwing a bottle at a police officer and his attempt to flee after being informed that he was under arrest. The appellant was purportedly charged for violations of Sections 784.03 and 842.02, Florida…