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Powell v. State

District Court of Appeal of Florida, First District
Dec 8, 1986
498 So. 2d 623 (Fla. Dist. Ct. App. 1986)

Opinion

No. BH-63.

December 8, 1986.

An Appeal from the Circuit Court for Union County; David Reiman, Judge.

Paul R. Silverman and Nancy A. Wilkov, Gainesville, for appellant.

Jim Smith, Atty. Gen., Mark C. Menser, Asst. Atty. Gen., for appellee.


Appellant was convicted and sentenced for two counts of resisting an officer with violence in violation of section 843.01, Florida Statutes. The charges arose from an incident involving state correctional officers. Recent opinions of this court establish that state correctional officers are not within the intendment of section 843.01. See Thompson v. State, 493 So.2d 1081 (Fla. 1st DCA 1986); Graydon v. State, 492 So.2d 723 (Fla. 1st DCA 1986); Amaker v. State, 492 So.2d 419 (Fla. 1st DCA 1986). In accordance with these decisions we therefore reverse appellant's convictions and vacate the sentences appealed.

BOOTH, C.J., and MILLS, J., concur.


Summaries of

Powell v. State

District Court of Appeal of Florida, First District
Dec 8, 1986
498 So. 2d 623 (Fla. Dist. Ct. App. 1986)
Case details for

Powell v. State

Case Details

Full title:AVERIL POWELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Dec 8, 1986

Citations

498 So. 2d 623 (Fla. Dist. Ct. App. 1986)

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