Johnson v. State

Trond Johnson was tried by jury and convicted of resisting an officer with violence. In this appeal, Johnson challenges his conviction, arguing the evidence at trial failed to establish that the resistance took place during either an arrest or a lawful detention and thus his conviction cannot stand. We find merit in Johnson’s argument.

Section 843.01, Florida Statutes (2006), makes it a crime for a person to “knowingly and willfully resist[ ], obstruct! ], or oppose! ] any officer ... in the lawful execution of any legal duty, by offering or doing violence to the person of such officer.” On…