Williams v. State

Appellant challenges his conviction of resisting a retail merchant in violation of section 812.015(6). We reverse and remand for a new trial.

We reject appellant’s argument that the jury’s verdicts of not guilty on the charge of theft and guilty on the charge of resisting a retail merchant were “true” inconsistent verdicts, entitling him to acquittal on the latter charge. Cf. State v. Connelly, 24 Fla. L. Weekly S387, — So.2d -, 1999 WL 628784 (Fla.1999); Fayson v. State, 684 So.2d 270 (Fla. 1st DCA), aff'd 698 So.2d 825 (Fla.1997).

Appellant correctly argues that the jury should have been…