A.W. v. State

A.W., a child, appeals the Disposition Order finding him guilty of resisting an officer without violence and withholding adjudication of dependency. Appellant urges that the trial court erred in not granting his motion for dismissal because the arresting officer was not in the execution of a legal duty to warrant a charge of resisting without violence. We agree and reverse and remand with directions to the trial court to grant appellant’s motion for dismissal based on the following.

A.W. and a friend were found by a school resource officer in a car in the high school parking lot, skipping…