B.G. v. State

VILLANTI, Chief Judge.

B.G. seeks reversal of a disposition order in which the trial court withheld adjudication after finding him guilty of resisting an officer without violence, possession of marijuana, and possession of paraphernalia. Because the State failed to prove that the officer who initially detained B.G. was engaged in the lawful execution of a legal duty when he did so, the arrest made during that detention was illegal, and the evidence obtained as a result of that arrest should have been suppressed. Therefore, we must reverse and remand for discharge.

The evidence at trial showed…