Casey v. StateCasey v. State
We review the appellant‘s convictions for one count of obstructing or opposing a law enforcement officer and one count of battery on a law enforcement officer. He also appeals his sentencing as an adult to a Youthful Offender Program. We agree with only part of his claims.
The appellant attacks his convictions on the basis that the trial court denied him an instruction on self-defense. The appellant was entitled to such instruction if there were evidence presented at trial showing the police used excessive force in trying to arrest him. See Jackson v. State, 463 So.2d 372 (Fla. 5th DCA 1985), review denied, 482 So.2d 345 (Fla. 1986), and Williams v. State, 597 So.2d 377 (Fla. 2d DCA 1992). The transcript of trial shows only that the arresting officer used enough force to subdue the appellant who tried to free himself from the officer‘s grasp, resisted getting into the car as requested, and flailed about once in the car so that the officer was afraid the appellant would cause himself injury. We see no error in this issue and affirm the trial court‘s denial of the jury instruction on self-defense.
The appellant also claims it was error for the trial court to sentence him as an adult without reducing its oral findings to writing as required by
We affirm the convictions but reverse for resentencing in accord with
DANAHY, A.C.J., and SCHOONOVER and FULMER, JJ., concur.