Resisting Arrest Conviction Reversed on Appeal

      Attorney Garland was retained to represent Cicily Jones (not her real name) after her conviction in St. Lucie County Court for resisting arrest without violence. Garland asserted on appeal that deputies  improperly entered Jones’ home without a warrant, and without announcing their authority and purpose. As such, Garland argued that the deputies were not engaged in the lawful performance of a legal duty. Further, Garland argued that the State failed to prove the existence of a valid arrest warrant for the misdemeanor offense of failing to appear for court in Brevard County. DW v. State, 40 So.3d 782 (Fla. 3d DCA 2010), DA v. State, 636 So.2d 863 (Fla. 3d DCA 1994), and Smith v. State, 546 So.2d459 (Fla. 4th DCA 1989), were cited for the proposition that the State’s failure to prove the arrest warrant, by introducing it into evidence, is fatal to this prosecution.
      The appeal tribunal agreed via a decision on 5/24/16, reversing the conviction. On remand to the trial court, Garland filed a motion to dismiss on double jeopardy grounds. The State wound up nolle prossing the charge on 9/13/16.