Amendments to 843.025

1. Coffin v. Brandau

   642 F.3d 999 (11th Cir. 2011)   Cited 288 times   2 Legal Analyses

   3 more...

   Ms. Coffin was charged with the misdemeanor of obstruction of justice without violence under Fla. Stat. Ann. § 843.02. Mr. Coffin was charged with several felonies: two counts of battery on a law enforcement officer under Fla. Stat. Ann. § 784.07(2)(b) and § 784.03(1); resisting an officer with violence under Fla. Stat. Ann. § 843.01; two counts of use of a weapon on a law enforcement officer under Fla. Stat. Ann. § 790.054; and depriving an officer of means of protection or communication under Fla. Stat. Ann. § 843.025. Because the Deputies lacked a warrant for Mr. Coffin's arrest, these charges, with the exception of the § 843.025 charge, were dropped. On March 13, 2007, Mr. Coffin pled no contest to that charge and was sentenced to six days' confinement. Meanwhile, the § 843.02 charge against Ms. Coffin was dismissed.

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2. Rodriguez v. State

   931 So. 2d 991 (Fla. Dist. Ct. App. 2006)

   Section 843.025, Florida Statutes (2004), entitled "Depriving officer of means of protection or communication" states:

   PAGE 992
3. Strattan v. State

   775 So. 2d 422 (Fla. Dist. Ct. App. 2001)

   We affirm Guy Strattan, Jr.'s convictions for grand theft of a firearm and attempted first degree murder of a law enforcement officer but we reverse his conviction for "depriv[ing] a law enforcement officer . . . of . . . his . . . radio or . . . the means to . . . summon assistance." § 843.025, Fla. Stat. (1997). The motion for judgment of acquittal should have been granted as to this charge. Although the attempt to get the gun failed, the theft statute makes "endeavor[ing]" to steal punishable as theft. § 812.014(1), Fla. Stat. (1997). AFFIRMED in part; REVERSED in part; and REMANDED for resentencing.
4. Spears v. State

   152 So. 3d 731 (Fla. Dist. Ct. App. 2014)

   In this direct appeal from appellant's convictions and sentences for battery on a law enforcement officer, resisting an officer without violence, depriving an officer of a means of protection or communication, and battery, we conclude the trial court did not abuse its discretion in denying appellant's requested jury instruction on the charge of depriving an officer of a means of protection or communication. Furthermore, because the jury was not instructed that depriving an officer of a means of protection or communication was a strict liability crime, we do not address appellant's claim, which was raised for the first time on appeal, that section 843.025, Florida Statutes (2011), violates due process. Finally, although appellant “opened the door” to specific questions about his prior record when he testified that he never hit a police officer in his life, we conclude the trial court abused its discretion in allowing the prosecutor to question him about a 1973 offense, which did not involve a law enforcement officer, and a 1994 offense involving aggravated battery on a law enforcement officer where appellant denied being convicted of that offense and the state's only…

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5. Coffin v. Brandau

   609 F.3d 1204 (11th Cir. 2010)   Cited 3 times

   • Motion for summary judgment
   2 more...

   Mrs. Coffin was charged with the misdemeanor of obstruction of justice without violence under Fla. Stat. § 843.02. Mr. Coffin was charged with several felonies: two counts of battery on a law enforcement officer under Fla. Stat. § 784.07(2)(b) and § 784.03(1); resisting an officer with violence under Fla. Stat. § 843.01; two counts of use of a weapon on a law enforcement officer under Fla. Stat. § 790.054; and depriving an officer of means of protection or communication under Fla. Stat. § 843.025. Because the Deputies lacked a warrant for Mr. Coffin's arrest, these charges, with the exception of the § 843.025 charge, were dropped. On March 13, 2007, Mr. Coffin pled no contest to that charge and was sentenced to six days' confinement. Meanwhile, the § 843.02 charge against Mrs. Coffin was dismissed.

   PAGE 1208
6. Coffin v. Brandau

   597 F.3d 1205 (11th Cir. 2010)   Cited 2 times

   • Motion for summary judgment
   3 more...

   Mrs. Coffin was charged with the misdemeanor of obstruction of justice without violence under Fla. Stat. § 843.02. Mr. Coffin was charged with several felonies: two counts of battery on a law enforcement officer under Fla. Stat. § 784.07(2)(b) and § 784.03(1); resisting an officer with violence under Fla. Stat. § 843.01; two counts of use of a weapon on a law enforcement officer under Fla. Stat. § 790.054; and depriving an officer of means of protection or communication under Fla. Stat. § 843.025. Because the Deputies lacked a warrant for Mr. Coffin's arrest, these charges, with the exception of the § 843.025 charge, were dropped. On March 13, 2007, Mr. Coffin pled no contest to that charge and was sentenced to six days' confinement. Meanwhile, the § 843.02 charge against Mrs. Coffin was dismissed.

   PAGE 1210
7. Tims v. State

   204 So. 3d 536 (Fla. Dist. Ct. App. 2016)   Cited 4 times   1 Legal Analyses

   That night's events led to four criminal charges: Count I alleged resisting an officer with violence, in violation of section 843.01, Florida Statutes ; Count II alleged battery upon an officer, in violation of sections 784.03 and 784.07(2)(b); Count III alleged depriving an officer of a means of protection (the flashlight), in violation of section 843.025; and Count IV alleged battery—for the underlying domestic violence that led the officers to Tims's home in the first place. The State dropped Count IV, meaning the three counts now at issue all stem from the altercation that began when Tims slapped at the officer's flashlight and ended with Tims handcuffed inside his home.

   PAGE 538
8. Turner v. State

   901 So. 2d 233 (Fla. Dist. Ct. App. 2005)   Cited 2 times

   § 843.025, Fla. Stat.

   PAGE 235
9. Chambers v. State

   579 So. 2d 408 (Fla. Dist. Ct. App. 1991)

   Appellant was convicted under section 843.02, Florida Statutes, resisting arrest without violence, a second-degree misdemeanor; and section 843.025, Florida Statutes, depriving an officer of means of protection, a third-degree felony. The trial judge sentenced the appellant to one year on the misdemeanor count and to a concurrent term of seven years in prison on the felony.
10. AGO

    99-28 (Ops. Fla. Atty. Gen. May. 18, 1999)

    See generally, s. 843.025, Fla. Stat., making it a felony of the third degree for any person to deprive a correctional officer as defined in s. 943.10(2), Fla. Stat., of her or his weapon or radio. Cf., s. 944.105, Fla. Stat., authorizing private correctional officers to carry and use firearms.