Madison v. StateMadison v. State
Bruce Madison appeals his judgment and convictions for three counts: resisting arrest with violence, battery on a law enforcement officer, and resisting arrest without violence. All of the counts stemmed from a single episode and a continuous resistance to the arrest.
A defendant may properly be convicted of both resisting arrest with violence and resisting arrest without violence if those convictions address two separate acts of resisting. See Bright v. State, 760 So.2d 287, 288 (Fla. 5th DCA 2000); see also Casselman v. State, 761 So.2d 482 (Fla. 5th DCA 2000). However, a continuous resistance to the ongoing attempt to effect a defendant‘s arrest constitutes a single instance of resisting an officer under section
In the instance case, both Madison‘s conviction for resisting arrest with violence and resisting arrest without violence arose from a single episode even though two police officers were involved. On the other hand, it is clear that Madison‘s conviction for resisting arrest with violence was proper for struggling with and intentionally striking one of the police officers. Therefore, only his conviction for resisting arrest without violence should be vacated. Accord Brown v. State, 754 So.2d 124, 125 (Fla. 5th DCA 2000).
We affirm the convictions and sentences except for the conviction of count three, resisting arrest without violence, which we vacate. We remand for recalculation of the scoresheet and resentencing.
AFFIRMED in part; REVERSED in part; and REMANDED.
COBB and PALMER, JJ., concur.