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Dion v. State

Dion v. State, 564 So. 2d 618 (Fla. Dist. Ct. App. 1990)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
August 1, 1990
Docket
No. 89-0529
Judges
Per Curiam
Citations
564 So. 2d 6181990 WL 107760
Cited by 17 2 descriptions by later courts

Opinion — Per Curiam

564 So.2d 618 (1990)

Rickey J. DION, Appellant,

v.

STATE of Florida, Appellee.

No. 89-0529.

District Court of Appeal of Florida, Fourth District.

August 1, 1990.

Richard L. Jorandby, Public Defender, and Joseph S. Shook, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sylvia H. Alonso, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We agree with appellant that the evidence presented was insufficient to support his convictions for trespass and resisting arrest without violence. There was no evidence presented to show that appellant was on notice that Holiday Park in Fort Lauderdale was "closed" at the time he allegedly trespassed in the park, or that the police officer who subsequently arrested him outside the park had a factual basis for believing appellant was on notice that the park was "closed." See § 810.09(1), Fla. Stat. (1987).

We also agree that appellant is entitled to a new trial on the charge of resisting arrest with violence. While we find no error in the denial of appellant's requested instructions, it is apparent that the trial court erred in instructing the jury as a matter of law that the police officer was acting lawfully when he arrested appellant. See Brannen v. State, 453 So.2d 428 (Fla. 1st DCA 1984); Smith v. State, 399 So.2d 70 (Fla. 5th DCA 1981).

Accordingly, we reverse with directions that appellant's convictions for trespass and resisting arrest without violence be vacated, and that a new trial be conducted on the charge of resisting arrest with violence.

ANSTEAD, GLICKSTEIN and WARNER, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 17 cases

View all citing references →
1990: 21991: 21992: 61993: 31994: 21995: 219902026peak 1992 · 6

Relies on it most ⓘ

  1. Stayer v. State590 So. 2d 25 (Fla. Dist. Ct. App. 1991)
  2. Scott v. State594 So. 2d 832 (Fla. Dist. Ct. App. 1992)
  3. McPhee v. State616 So. 2d 483 (Fla. Dist. Ct. App. 1993)
  4. Fields v. State591 So. 2d 1129 (Fla. Dist. Ct. App. 1992)
  5. Conran v. State617 So. 2d 1154 (Fla. Dist. Ct. App. 1993)
  6. Jones v. State640 So. 2d 204 (Fla. Dist. Ct. App. 1994)

Most recent

  1. Comer v. State652 So. 2d 1296 (Fla. Dist. Ct. App. 1995)
  2. Kyle v. State650 So. 2d 127 (Fla. Dist. Ct. App. 1995)
  3. Jones v. State640 So. 2d 204 (Fla. Dist. Ct. App. 1994)
  4. State v. Anderson639 So. 2d 609 (Fla. 1994)
  5. Starks v. State627 So. 2d 1194 (Fla. Dist. Ct. App. 1993)
  6. Conran v. State617 So. 2d 1154 (Fla. Dist. Ct. App. 1993)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Smith v. State, 399 So. 2d 70 (Fla. Dist. Ct. App. 1981) 17
Brannen v. State, 453 So. 2d 428 (Fla. Dist. Ct. App. 1984) 8
Dunlop v. Dunlop, 564 So. 2d 618 (Fla. Dist. Ct. App. 1990) 5

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