Legal Opinion

Joseph Brown, III v. State of Florida

District Court of Appeal of Florida

Decided June 29, 2016No. 4D15-605PublishedCited by 3 opinions

1Per curiam

The defendant appeals after his convictions for burglary of an occupied dwelling, third degree grand theft, and resisting an officer without violence. The defendant argues that the trial court erred in denying his motion for judgment of acquittal on the resisting without violence charge. We agree with the defendant that insufficient evidence existed to prove he knew of the police’s intent to detain him. Thus, we reverse the defendant’s resisting without violence conviction. We affirm on all other arguments.

The, state presented the following evidence at trial. The victim was home at about 1:00…

2Cases cited6 opinions

  1. Pagan v. StateSupreme Court of Florida · 2002
  2. C.E.L. v. StateSupreme Court of Florida · 2009
  3. O.B. v. StateDistrict Court of Appeal of Florida · 2010
  4. S.B. v. StateDistrict Court of Appeal of Florida · 2010
  5. Perez v. StateDistrict Court of Appeal of Florida · 2014

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3Cited by3 opinions

  1. MARQUESE D. GOODMAN v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
  2. Markus Leo Husarek v. the State of FloridaDistrict Court of Appeal of Florida · 2025
  3. STATE OF FLORIDA v. JAMAAL PICKERSGILLDistrict Court of Appeal of Florida · 2019

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