Joseph Brown, III v. State of Florida
District Court of Appeal of Florida
1DissentGerber, J.
I respectfully dissent. In one of the cases upon which the majority relies, Perez v. State, 138 So.3d 1098 (Fla. 1st DCA 2014), our sister court, following its observation that “the State did not present any evidence that law enforcement directed Appellant to stop either before or after he fled,” id. at 1100, later stated: ‘Although there may be a case where the surrounding circumstances could establish knowledge of law enforcement’s intent to detain without a command to stop, this is not such a.case.” Id. at 1101 (emphasis added).
The instant case may be “the case” which our sister court…
2Cases cited3 opinions
- McDuffie v. StateSupreme Court of Florida · 2007
- C.E.L. v. StateSupreme Court of Florida · 2009
- Perez v. StateDistrict Court of Appeal of Florida · 2014