Legal Opinion

Harris v. State

District Court of Appeal of Florida

Decided February 27, 2009No. 1D06-6355PublishedCited by 7 opinions

1Opinion of the CourtBenton, J.

Resisting an officer with violence, in violation of section 843.01, Florida Statutes (2006), is a “felony that involves the use or threat of physical force or violence against an individual,” and so is punishable under the prison releasee reoffender statute. § 775.082(9)(a)l.o., Fla. Stat. (2006). In affirming on this basis the partial denial of Mr. Harris’ Florida Rule of Criminal Procedure 3.800 motion, we align ourselves with the Second and Fifth Districts. See Rawlings v. State, 976 So.2d 1179, 1181-82 (Fla. 5th DCA 2008); Green v. State, 973 So.2d 1253, 1253 (Fla. 5th DCA 2008); Walker…

2Cases cited9 opinions

  1. State v. HearnsSupreme Court of Florida · 2007
  2. Perkins v. StateSupreme Court of Florida · 1991
  3. Dautel v. StateSupreme Court of Florida · 1995
  4. Walker v. StateDistrict Court of Appeal of Florida · 2007
  5. D.C. v. StateDistrict Court of Appeal of Florida · 1983

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3Cited by7 opinions

  1. United States v. Romo-VillalobosCourt of Appeals for the Eleventh Circuit · 2012
  2. Manuel Cano v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2013
  3. Kalogeras v. StateDistrict Court of Appeal of Florida · 2011
  4. Koehler v. StateDistrict Court of Appeal of Florida · 2009
  5. Koehler v. StateDistrict Court of Appeal of Florida · 2009

2 more not listed; retrieve them via the Exa API.

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