State v. Penn

The State of Florida appeals a judgment withholding adjudication. Because of errors raised by Penn on cross-appeal, we reverse and remand for a new trial.

Penn was convicted of resisting an officer without violence. At trial, police officer Gary Johndro testified that he stopped Penn because he saw Penris vehicle exit from behind a closed business in an area where burglaries had occurred in the past and because the vehicle swerved after exiting the business. Johndro testified that he asked Penn for his driver’s license and registration, but that instead of complying, Penn asked Johndro why he…