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Arrison v. State

District Court of Appeal of Florida, Third District
Oct 5, 1994
643 So. 2d 93 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-622.

October 5, 1994.

Appeal from the Circuit Court, Dade County, Leslie Rothenberg, J.

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Paulette R. Taylor, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and LEVY, JJ.


We reverse the defendant's conviction for obstruction of justice by a disguised person, in violation of Florida Statutes Section 843.03 (1993).

The defendant was pursued after being observed exiting a stolen car by police officers. As the defendant fled on foot, the officers observed him wearing blue jeans and a black, white, and blue striped shirt. When the defendant was arrested in his apartment approximately 30 minutes later, the defendant had changed his shirt, although the evidence did not reflect the color or style of this second shirt. The evidence also did not indicate that the defendant had changed his appearance in any other way. Based upon this evidence alone, the defendant was convicted of obstruction of justice by a disguised person.

The mere act of changing one's shirt, absent other facts or circumstances, does not amount to wearing a disguise, and does not constitute a violation of Section 843.03, because it does not change one's overall general appearance and does not hide one's true identity. See Hartley v. State, 372 So.2d 1180, 1181-82 (Fla. 2d DCA 1979); see also Leland v. State, 386 So.2d 622, 622 (Fla. 3d DCA 1980) (§ 843.03 is not violated by giving a police officer a false name); Commonwealth v. Healey, 17 Mass. App. 537, 460 N.E.2d 616 (1984) (discussing the term "disguise" in the context of a similar statute, and collecting cases). Therefore, we reverse the defendant's conviction for the alleged violation of Section 843.03, and remand for the entry of a judgment of acquittal on this charge. The defendant has not challenged his remaining convictions, and we do not disturb them.

Reversed and remanded.


Summaries of

Arrison v. State

District Court of Appeal of Florida, Third District
Oct 5, 1994
643 So. 2d 93 (Fla. Dist. Ct. App. 1994)
Case details for

Arrison v. State

Case Details

Full title:GENE ARRISON, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 5, 1994

Citations

643 So. 2d 93 (Fla. Dist. Ct. App. 1994)

Citing Cases

People v. Jackson

Id. at 1182. See also Leland v. State, 386 So 2d 622 (Fla App, 1980) ("a person does not commit the…