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PER CURIAM. J.M.C. was convicted of resisting an officer without violence as a result of his behavior while the officer was giving him a trespass warning. He raises a single issue: whether one element of the crime, that the officer be engaged in the lawful execution of a legal duty, is satisfied when the officer is giving a trespass warning. We affirm the conviction; however, there is no majority agreement on the basis on which to affirm. Hence, there are two specially concurring opinions and a dissent.
KLEIN, J. and REYES, ISRAEL U., Associate Judge, concur specially with opinions. SHAHOOD, C.J., dissents with opinion.
Document Info
Docket Number: No. 4D06-3298
Citation Numbers: 962 So. 2d 960
Judges: Israel, Klein, Opinions, Reyes, Shahood
Filed Date: 7/25/2007
Precedential Status: Precedential
Modified Date: 7/30/2022