Smith v. State

The defendant has appealed the judgment of conviction for resisting arrest without violence, a violation of section 843.02, Florida Statutes (1987).

The arresting officer was on routine patrol when he observed Smith and two companions waving at cars from a street corner in an area known for drug activity in Fort Lauderdale. The officer asked Smith and his companions for identification and ran a check on them through the police radio dispatcher. The radio check turned up an active capias for unlawful assemblage on Smith and pursuant to this information, Smith was arrested. As a result of…