The 2023 Florida Statutes (including Special Session C)
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. . . See §§ 784.07(2)(b), 806.13(1)(b) 3, 843.01, Fla. Stat. (2017). . . .
. . . See §§ 776.051, 784.07, 843.01, Fla. Stat.; Sosnowski v. . . .
. . . a 1995 Florida conviction for resisting an officer with violence, in violation of Florida Statute § 843.01 . . .
. . . . §§ 784.07(2)(b) & 843.01, Fla. Stat. (2015) ; see also Espiet v. . . .
. . . See §§ 775.082(3)(e), 843.01, Fla. Stat. (2015). . . . See §§ 775.082(9)(a)(3)(d), 843.01. . . .
. . . . § 843.01, (2) a 2009 conviction for attempted strong arm robbery, in violation of Fla. . . . Resisting an Officer with Violence Florida Statute § 843.01 provides that any person who "knowingly and . . . Stat. § 843.01 (emphasis added). . . . Stat. § 843.01 constitutes a crime of violence for purposes of the elements clause of U.S.S.G. § 2L1.2 . . . Stat. § 843.01 conviction for resisting an officer with violence "categorically qualifies as a violent . . .
. . . . § 843.01 (2005) ). . . . Stat. § 843.01 is not a violent felony is also foreclosed by prior precedent. . . . Stat. § 843.01 qualifies as a violent felony under the ACCA's elements clause. . . . that de minimis force, such as wiggling and struggling, was sufficient to establish violence under § 843.01 . . .
. . . section 934.215, Florida Statutes (2012); (3) resisting an officer with violence in violation of section 843.01 . . .
. . . . § 843.01 is now considered a crime involving moral turpitude under our precedent. Cano v. U.S. . . . Stat. § 843.01. This last conviction is the subject of this appeal. . . . Stat. § 843.01 in his adjustment of status application. . . . Stat. § 843.01 is categorically a crime involving moral turpitude. . . . Stat. § 843.01 was morally turpitudinous. . . .
. . . . § 843.01; (3) third-degree felony battery in violation of Fla. . . .
. . . . § 843.01 requires intentional violence against an officer, it criminalizes 'conduct [that] exhibits . . .
. . . . § 843.01 qualifies as a violent felony under the elements clause of the Armed Career Criminal Act ( . . . Stat. § 843.01 does not require as much violence as the ACCA does. . . . Stat. § 843.01. . . . Florida’s appellate courts have held that violence is a necessary element of § 843.01. . . . Stat. § 843.01 as a crime of violence for guidelines purposes). . . .
. . . . § 843.01 qualifies as a violent felony under the ACCA. United States v. . . .
. . . convictions for resisting, obstructing, or opposing an officer with violence under Florida .Statute § 843.01 . . . Lee’s convictions under § 843.01 still qualified as violent crimes, this time under the ACCA’s elements . . . For § 843.01 to qualify as an ACCA violent felony under the categorical approach, it necessarily must . . . (The current version of § 843.01 makes it a third-degree felony to “knowingly and willfully resist[ ] . . . Therefore, consistent with those opinions, we hold that a conviction under § 843.01 does not qualify . . .
. . . . § 843.01) qualifies as a violent felony under the elements clause of the ACCA. . . .
. . . . § 843.01, It is undisputed that this offense is not enumerated in § 2L1.2, so the issue is whether . . . Additionally, as to Shilon-Mendez’s assertion that § 843.01 does not meet § 2L1.2’s “intentional” requirement . . . Romo-Villalobos, 674 F.3d 1246 (11th Cir. 2012) which also held § 843.01 to be a crime of violence, aptly . . . Accordingly, § 843.01 is not precluded from § 2L1.2’s “intentional” requirement. AFFIRMED. . . .
. . . . § 843.01, Fla. Stat. . . . The plain meaning of section 843.01, Florida Statutes, compels a conclusion that this statute applies . . .
. . . Orr’s offense is resisting an officer with violence which is prohibited by section 843.01, Florida Statutes . . . physical force or violence because “[o]ne of the elements of resisting arrest with violence under section 843.01 . . .
. . . . § 843.01; (3) third-degree felony battery in violation of Fla. . . .
. . . four criminal charges: Count I alleged resisting an officer with violence, in violation of section 843.01 . . . See § 843.01, Fla. Stat. . . .
. . . . § 843.01, criminalizes behavior such as wiggling and struggling, which does not meet the definition . . . Stat. § 843.01. . . . We also rejected the defendant’s argument that § 843.01, a general intent crime, can be violated with . . . Rather, this Court rejected the defendant’s argument that § 843.01 criminalized wiggling or struggling . . . Moreover, this Court reaffirmed that § 843.01 categorically qualified as a violent felony after Descamps . . .
. . . . § 843.01; and (2) two convictions for sale of cocaine, in violation of Fla. Stat. § 893.13(l)(a). . . . this Court concluded that the Florida crime of resisting an officer with violence, in violation of § 843.01 . . . Stat. § 843.01. . . . Telusme argues that Green allows a § 843.01 conviction based on the de minimis force of wiggling and . . . ), Under our precedent, resisting an officer with violence under § 843.01 is an ACCA “violent felony, . . .
. . . under New York Penal Law § 120.05(02), and resisting an officer with violence under Florida Statutes § 843.01 . . . under New York Penal Law § 120.05(02), and resisting, an officer with violence under Florida Statute § 843.01 . . . However, as explained below, his convictions for resisting arrest with violence under Florida Statutes § 843.01 . . . have previously held that a conviction for resisting arrest with violence under Florida Statutes § 843.01 . . .
. . . . § 843.01, did not qualify tas a crime of violence under the residual clause. . . .
. . . 784.021, Florida Statutes, when, in fact, resisting an officer with violence is a violation of section 843.01 . . .
. . . with violence and touching, striking, or causing bodily harm to a police dog in violation of sections 843.01 . . . Section 843.01 can also be violated when an officer is attempting an arrest. . . .
. . . . § 843.01; and (4) assault with intent to commit robbery under Maryland law, Md. . . .
. . . and 784.07(2)(b), and resisting an officer with violence, in violation of Florida Statutes section 843.01 . . . Stat. § 843.01. . . . Romo-Villalobos, 674 F.3d 1246, 1251 (11th Cir.2012) (per curiam) (concluding that a conviction under section 843.01 . . . erred in finding that Hill’s Florida conviction for resisting an officer with violence under section 843.01 . . . and 784.07(2)(b), and resisting an officer with violence, in violation of Florida Statutes section 843.01 . . .
. . . 316.1935(2), Florida Statutes (2011), and for resisting an officer with violence, in violation of section 843.01 . . .
. . . Nix, 628 F.3d 1341, 1342 (11th Cir.2010) (holding that a conviction under Florida Statute section 843.01 . . .
. . . . § 843.01; DE 123-1 at 9-10 (Booking Report). . . . Stat. § 843.01. . . . (Fla. 5th DCA 1996) (suspect’s struggling, kicking, and flailing limbs held sufficient to support § 843.01 . . .
. . . . § 843.01. . . .
. . . . § 843.01, for resisting an officer with violence, was a “crime of violence.” . . . Stat. § 843.01 was not a “crime of violence.” . . . Stat. § 843.01, for resisting an officer with violence, was a “crime of violence” for purposes of U.S.S.G . . .
. . . on-how- to instruct the jury on who qualifies- as-a-law-enforcement-offieer-r gee — Florida Statute § 843.01 . . .
. . . . § 843.01, was a violent felony for purposes of the ACCA, and further contends that the sentencing court . . . Stat. § 843.01, was a violent felony for ACCA purposes during Mr. Strickland’s collateral attacks. . . . Nix, 628 F.3d 1341, 1342 (11th Cir.2010), that we held that a conviction under § 843.01 constituted a . . .
. . . . § 843.01, is a “violent felony” under the residual clause of the ACCA. United States v. . . .
. . . for Ramos’ 2011 felony conviction for resisting an officer with violence, under Florida Statutes § 843.01 . . .
. . . . § 843.01 and (2) felony fleeing or attempting to elude on July 12, 2003, a violation of Fla. . . . Stat. § 843.01, and fleeing and eluding at high speed, in violation of Fla. . . .
. . . Florida Statute § 843.01. See 674 F.3d at 1249 (emphasis in original). . . .
. . . . § 843.01, qualifies as a forcible felony. See United States v. . . .
. . . Section 843.01, Florida Statutes (2003), provided that “[wjhoever knowingly and willfully resists, obstructs . . .
. . . . § 843.01, is also a crime involving moral turpitude. I. . . . Stat. § 843.01. . . . Stat. § 843.01 is not a crime involving moral turpitude. . . . Stat. § 843.01. . . . Stat. § 843.01 applies only to resisting arrest. . . .
. . . . § 843.01. . . . After Garcia-Sandobal filed his brief, we held that “a conviction under Florida Statute § 843.01 ... . . .
. . . . § 843.01, which the court deemed “violent felon[ies]” under the Armed Career Criminal Act (“ACCA”), . . . Stat. § 843.01. . . . Stat. § 843.01 constituted a “crime of violence” under U.S.S.G. § 2L1.2(b)(l)(A)(ii). . . . Stat. § 843.01 constituted a “violent felony” under an enhancement provision of the sentencing guidelines . . . Stat. § 843.01 constitutes a violent felony under both the elements clause and the residual clause of . . .
. . . . § 843.01 is not a crime of violence within the meaning of U.S.S.G. § 2L1.2(b)(l)(A)(ii).” . . . Stat. § 843.01. In 2007, Lagos was removed from the United States to Honduras. . . . Stat. § 843.01 does not sustain an enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii). . . .
. . . . § 843.01, constituted a violent felony for purposes of the ACCA. See United States v. . . . Significantly, in Hayes, we concluded that a violation of § 843.01 “falls squarely within ACCA’s residual . . . Stat. § 843.01. . . . Stat. § 843.01. . . . .
. . . . § 843.01 does not constitute a “crime of violence” for purposes of U.S.S.G. § 4B1.2’s residual clause . . . .3d 1341 (11th Cir.2010), cert. denied, - U.S.-, 132 S.Ct. 258, 181 L.Ed.2d 150 (2011), held that § 843.01 . . . In Nix, we held that a defendant’s conviction for a violation of § 843.01 constituted a violent felony . . .
. . . . § 843.01, does not qualify as a “crime of violence” under the guidelines. . . . Stat. § 843.01. . . . Construing the plain language of section 843.01, “offering” to do violence involves the attempted use . . . Stat. § 843.01 for resisting a law enforcement officer with violence qualifies as a “crime of violence . . . Even if section 843.01 is a general intent crime, see Frey v. . . .
. . . Subsequently, R.J.R. was charged by petition with resisting an officer with violence pursuant to section 843.01 . . .
. . . time after being convicted in Florida for resisting an officer with violence, under Florida Statute § 843.01 . . . Florida Statute § 843.01 provides in pertinent part: “Whoever knowingly and willfully resists, obstructs . . . Thus, because Florida’s courts have concluded that violence is a necessary element of § 843.01, we too . . . Stat. § 843.01 was an issue of fact for the jury to decide. Id. at 1323-24. . . . Romo-Villalobos also argues that § 843.01 cannot involve a “crime of violence” because it only requires . . .
. . . . § 843.01 — they are immune from liability under Fla. Stat. § 776.085. . . .
. . . . § 843.01 qualify as a ‘crime of violence’ under U.S.S.G. . . .
. . . . § 843.01, do not qualify as predicate violent felony offenses. . . . Stat. § 843.01 constitutes a violent felony under the ACCA). . . .
. . . Stat. § 843.01 is a “crime of violence” under U.S.S.G. § 4B1.2. . . . Stat. § 843.01 is a “violent felony” under the residual clause of the Armed Career Criminal Act (“ACCA . . . Stat. § 843.01, constituted a predicate “violent felony” under the ACCA. 628 F.3d at 1342. . . . Stat. § 843.01 makes it a felony to "knowingly and willfully resist!], obstruct!], or oppose! . . . Stat. § 843.01. . . . .
. . . . § 843.01. . . .
. . . Under Florida Statute § 843.01, it is a felony to “knowingly and willfully” resist, obstruct, or oppose . . . Stat. § 843.01. . . .
. . . State, 681 So.2d 873 (Fla. 1st DCA 1996) (section 843.01 permits only one conviction of resisting an . . .
. . . Lee was twice convicted of violating Florida Statute § 843.01. . . . By the plain language of the statute, a conviction under § 843.01 requires that the defendant have knowingly . . . In the wake of Johnson, the Eleventh Circuit has held multiple times that § 843.01 falls squarely within . . . In addition to Hayes and Nix discussed above, the Eleventh Circuit has continued to hold that § 843.01 . . .
. . . . § 843.01, when applying the career offender provision of the Sentencing Guidelines. . . . Stat. § 843.01, constitutes a “violent felony” under the “residual clause” of the Armed Career Criminal . . . Stat. § 843.01 is not a “crime of violence” under U.S.S.G. § 4B 1.2(a). . . .
. . . Florida Statute § 843.01 provides: “Whoever knowingly and willfully resists, obstructs, or opposes any . . . Stat. § 843.01. . . . In Nix, we held that a defendant’s conviction for violating § 843.01 constituted a violent felony under . . . In Hayes, applying the categorical approach, we concluded that a violation of § 843.01 “falls squarely . . . We rejected the defendant’s argument that § 843.01 constituted a strict liability offense, noting that . . .
. . . . § 843.01, no longer qualifies as a predicate “crime of violence” offense for career offender status . . . Stat. § 843.01, resisting an officer with violence, qualified as a “violent felony” under the “residual . . . Therefore, Nix a fortiori forecloses Ortiz’s claim that his prior Florida § 843.01 conviction does not . . . On remand in Jackson, this Court again held that Florida’s § 843.01 crime of resisting an officer with . . . Stat. § 843.01 provides that “[w]hoever ... resists, obstructs, or opposes any officer ... by offering . . .
. . . that Officer # 2 was not engaged in the lawful execution of a legal duty, as required under section 843.01 . . . applies equally to the crime of resisting an officer with violence under the facts of this case. § 843.01 . . .
. . . . § 843.01 as one of the predicate offenses for the career offender enhancement under § 461.1(a). . . . Stat. § 843.01 made it a felony offense to “knowingly and willfully” resist, obstruct, or oppose “any . . . Stat. § 843.01 (2002). . . . Stat. § 843.01 qualified as a violent felony under the modified-categorical approach discussed in Johnson . . . Stat. § 843.01 is a violent felony. . . .
. . . that Robinson challenged was a conviction for resisting arrest with violence under Florida Statute 843.01 . . . recently held, however, that a prior conviction for resisting arrest with violence under Florida Statute 843.01 . . .
. . . . § 843.01. . . . Nix, 628 F.3d 1341, 1342 (11th Cir.2010) (holding that a conviction under section 843.01 constituted . . .
. . . . § 843.01 was a crime of violence under 18 U.S.C. § 924(e)(2)(B)(ii). . . .
. . . . § 843.01; two counts of use of a weapon on a law enforcement officer under Fla. Stat. . . .
. . . The elements of resisting an officer with violence are set forth in § 843.01 of the Florida Statutes: . . . bathroom stall blocked by two policemen without physically confronting them in the manner prohibited by § 843.01 . . .
. . . criminal because his prior conviction for resisting an officer with violence under Florida Statute § 843.01 . . . Stat. § 843.01. This offense falls squarely within ACCA’s residual clause. . . . Stat. § 843.01. . . .
. . . . § 843.01, and (2) fleeing and eluding at high speed, in violation of Fla. Stat. § 316.1935(3). . . . We reject Nix’s challenge to the § 843.01 conviction, holding that a such conviction constitutes a violent . . . Although the Hayes decision was not published, we are persuaded by its rationale regarding § 843.01 and . . .
. . . . § 843.01, is not a “violent felony” as defined by the ACCA [DE # 41]. . . . Section 843.01, Fla. . . .
. . . . § 843.01. This offense falls squarely within ACCA’s residual clause. . . . Stat. § 843.01. . . . plainly requires that the defendant have acted knowingly and willfully, we reject Hayes’s argument that § 843.01 . . .
. . . because one of his prior crimes — resisting an officer with violence in violation of Florida Statute § 843.01 . . . The district court did not err in finding that Florida Statute § 843.01 constitutes a predicate offense . . . Florida Statute § 843.01 states in pertinent part: “Whoever knowingly and willfully resists, obstructs . . . As to the sort of force required to sustain a conviction under § 843.01, Florida appellate courts have . . . Even if § 843.01 is a general intent crime, see Frey v. . . .
. . . of these was the offense of resisting an officer with violence to his person in violation of section 843.01 . . .
. . . . § 843.01, (3) and disorderly conduct, in violation of Fla. Stat. § 877.03. . . . battery on a law enforcement officer (Fla.Stat. § 784.07), resisting arrest with violence (Fla.Stat. § 843.01 . . . Instead, they rely entirely on Fils’s alleged violation of § 843.01 (resisting arrest with violence) . . .
. . . State must prove that the officer was engaged in the lawful execution of a legal duty under section 843.01 . . .
. . . . § 843.01, a third degree felony. . . .
. . . . § 843.01; two counts of use of a weapon on a law enforcement officer under Fla. . . .
. . . See § 843.01, Fla. Stat. (2008). The statutory definition is quite involved. . . . execute process in the execution of legal process or in the lawful execution of any legal duty.” § 843.01 . . .
. . . . § 843.01, Fla. Stat. . . . .
. . . See § 843.01, Fla. . . . consistently read section 776.051(1) in pari materia with the offenses described in sections 784.07(2) and 843.01 . . .
. . . Dougherty was charged with three offenses: resisting an officer with violence in violation of section 843.01 . . .
. . . . § 843.01, was a crime of violence for career offender purposes under U.S.S.G. § 4B1.2(a). I. . . . Under Florida Statute § 843.01, it is a felony to “knowingly and willfully” resist, obstruct, or oppose . . . Stat. § 843.01 (2002). . . . In this case, Florida Statute § 843.01 is a “crime of violence” within the meaning of U.S.S.G. § 4B1.2 . . . did not err by classifying Beltran as a career offender because a conviction under Florida Statute § 843.01 . . .
. . . . § 843.01, constitutes a “crime of violence” under 18 U.S.C. § 16 and therefore, an aggravated felony . . . Stat. § 843.01. . . . Stat. § 843.01. . . . Stat. § 843.01, it does require that the offender acts with the requisite level of intent to be a crime . . .
. . . . § 843.01; two counts of use of a weapon on a law enforcement officer under Fla. . . .
. . . plain language of section 776.051 dictated such limited results, particularly since sections 784.07 and 843.01 . . . Tillman, 934 So.2d at 1266 (quoting §§ 784.07(2), 843.01). . . . Without such alternative language that appears in sections 784.07 and 843.01, section 776.051 could not . . .
. . . charged by information with one count of resisting an officer with violence in violation of section 843.01 . . . the alleged act of “offering or doing violence to the person of said officer(s), in violation of s. 843.01 . . .
. . . . § 843.01—and was classified as an “armed career criminal,” under the Armed Career’ Criminal Act’s ( . . . Stat. § 843.01. In Frey v. . . . Stat. § 843.01. . . .
. . . the name of only one officer as the “victim” of the offense: 21.1 RESISTING OFFICER WITH VIOLENCE § 843.01 . . . court the following revisions to the standard jury instruction: 21.1 RESISTING OFFICER WITH VIOLENCE § 843.01 . . .
. . . To prove felony resisting with violence pursuant to section 843.01, Florida Statutes (2007), and felony . . .
. . . . § 843.01. In this case the officer broke up a fight between S.D. and the other females. . . .
. . . The Court discussed section 843.01, at issue in the present case, as well. . . . Section 843.01, Florida Statutes (2005), defines the crime of resisting an officer with violence: Whoever . . .
. . . Resisting an officer with violence, in violation of section 843.01, Florida Statutes (2006), is a “felony . . . officer with violence to his or her person” during the relevant time period, in violation of section 843.01 . . . or doing violence to the person of such officer ... is guilty of a felony of the third degree.... § 843.01 . . . In this regard, resisting an officer with violence to his or her person, in violation of section 843.01 . . . enforcement officer, however, resisting an officer with violence to his or her person in violation of section 843.01 . . .
. . . In 1881, Florida's legislature passed sections 843.01 and .02, which make it a criminal offense to resist . . . Similarly, under sections 843.01 and 843.02, the State must prove the lawfulness of the arresting officer's . . . It is noteworthy that the offenses established by the legislature in sections 843.01 and 843.02 are not . . .
. . . officer’s status is an essential element of the crime of resisting an officer with violence under section 843.01 . . . APPENDIX 21.1 RESISTING OFFICER WITH VIOLENCE § 843.01, Fla. Stat. . . . Lesser Included Offenses RESISTING OFFICER WITH VIOLENCE — 843.01 CATEGORY ONE CATEGORY TWO FLA. . . .
. . . See § 843.01, Fla. Stat. (2003). . . .
. . . Section 843.01, Florida Statutes (2006), makes it a crime for a person to “knowingly and willfully resist . . . legality of the stop or detention to convict the defendant of resisting an officer pursuant to section 843.01 . . .
. . . See Tillman, 934 So.2d at 1269 (stating that the crime proscribed by section 843.01 — resisting an officer . . .
. . . See § 843.01, Fla. Stat. (2005). . . .