L.K.B. v. State

Because I do not agree that the evidence was legally sufficient to sustain convictions for loitering and prowling and for resisting *196arrest without violence, I respectfully dissent.

During the course of a three or four-hour period beginning about 7:30 p.m., the manager of a freestanding 24-hour drugstore observed L.K.B. and another male remain near the pay telephone attached to the outside wall of the store. The manager called the police to have them removed. The responding police officer had seen two black males “hanging out” near the store on three different occasions when he passed the store…