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Leland v. State

District Court of Appeal of Florida, Third District
Aug 12, 1980
386 So. 2d 622 (Fla. Dist. Ct. App. 1980)

Summary

holding that "a person does not commit the misdemeanor offense of obstruction by a disguised person by the sole act of giving, as here, a false name to a police officer upon being stopped by said officer"

Summary of this case from Diaz-Gonzalez v. State

Opinion

Nos. 79-2101, 79-2206.

August 12, 1980.

Appeal from the Circuit Court, Dade County, Natalie Baskin, J.

Bennett H. Brummer, Public Defender and Peter Raben and Edward M. Koch, Asst. Public Defenders, for appellant.

Jim Smith, Atty. Gen. and Anthony C. Musto, Asst. Atty. Gen., for appellee.

Before HUBBART, NESBITT and DANIEL S. PEARSON, JJ.


The order revoking the defendant's probation, which is under review by this appeal, is reversed and the cause is remanded to the trial court with directions to restore the defendant to the probationary term previously imposed upon a holding that: (a) a person does not commit the misdemeanor offense of obstruction by a disguised person [§ 843.03, Fla. Stat. (1979)], by the sole act of giving, as here, a false name to a police officer upon being stopped by said officer, and (b) a person's probation may not be revoked for violating the above statute, as here, based on such conduct. D.G. v. State, 375 So.2d 868 (Fla. 2d DCA 1979); Hartley v. State, 372 So.2d 1180 (Fla. 2d DCA 1979).

Reversed and remanded.


Summaries of

Leland v. State

District Court of Appeal of Florida, Third District
Aug 12, 1980
386 So. 2d 622 (Fla. Dist. Ct. App. 1980)

holding that "a person does not commit the misdemeanor offense of obstruction by a disguised person by the sole act of giving, as here, a false name to a police officer upon being stopped by said officer"

Summary of this case from Diaz-Gonzalez v. State
Case details for

Leland v. State

Case Details

Full title:WILLIE E. LELAND, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Aug 12, 1980

Citations

386 So. 2d 622 (Fla. Dist. Ct. App. 1980)

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…

Diaz-Gonzalez v. State

Such evidence, without more, is insufficient to support a conviction as a matter of law. E.g., Leland v.…