No. 3D04-2156 | Fla. Dist. Ct. App. | Jun 22, 2005
CONFESSION OF ERROR
The appellant, a juvenile, appeals his adjudication of delinquency, for the offense of resisting arrest without violence. Based upon the State’s proper confession of error, we reverse.
As the State concedes, the crime of resisting an officer without violence requires proof that the arrest was lawful. D.T.B. v. State, 892 So. 2d 522" court="Fla. Dist. Ct. App." date_filed="2004-12-22" href="https://app.midpage.ai/document/dtb-v-state-1110821?utm_source=webapp" opinion_id="1110821">892 So.2d 522, 525 (Fla. 3d DCA 2004)(finding that, in order to support an obstruction charge, there must be evidence that the juvenile committed a crime upon which the officers would base an arrest); D.A. v. State, 636 So. 2d 863" court="Fla. Dist. Ct. App." date_filed="1994-05-10" href="https://app.midpage.ai/document/da-v-state-7679966?utm_source=webapp" opinion_id="7679966">636 So.2d 863 (Fla. 3d DCA 1994)(explaining that the legality of an arrest is an essential element of the charge of resisting arrest without violence). As there was no evidence presented to establish the lawfulness of the arrest for assault, we reverse the adjudication of delinquency for resisting arrest without violence.
Reversed.