McClain v. State

LaROSE, Judge.

Cory McClain petitions for certiorari review of the circuit court’s order affirming his county court conviction for resisting an officer without violence. We have jurisdiction. See Fla. R. App. P. 9.030(b)(2)(B). Because the circuit court departed from the essential requirements of law, we grant the petition.

At trial, the arresting officer testified that he was patrolling in his unmarked car around eight o’clock at night in a predominantly black neighborhood. He heard a radio dispatch call about a disturbance nearby. He drove toward the site, looking for someone who fit the…