K.A., 34 FLW 1165. 4th DCA, Juvenile, RAWOV. Ofc observed crowd of young people in a skating rink, approached crowd to disperse. While some people were running away, juvenile in middle of the crowd yelled, "why are you leaving" and "don't leave" and "they can not do anything about it." Juvenile ignored the ofc request to stop yelling at the crowd. Although ofc warned him he would be taken into custody, this is not enough for resisting arrest without violence. Ofc was not executing a legal duty. Group was not trespassing or violating a curfew or engaged in unlawful activity and ofcs were not asked by rink management to disperse the crowd. Juvenile's words were not obstructing or causing a riot. -error to deny JOA
*Krampert, 34 FLW 1179, 2nd DCA, failure to register as sexual predator. Jury instructions - fundamental error by failing to instruct the jury that before it could find the def guilty, state failed to prove that the def knowingly failed to register by not reporting in person the sheriff's office.
Confessore, 34 FLW 1187, 5th DCA, - Good vindictiveness case
- trial court inserted himself in the plea discussions which were ultimately unsuccessful
- plea negotiation were off the record
- first trial resulted in mistrial
- trial judge prevented the def from accepting the state's plea offer made by the state after the trial and made a different offer that was rejected by the defendant
- judge imposed a disparate sentence from the plea offer after the 2nd trial
- record did not reveal any new facts the judge learned after the 2nd trial which were unknown to him after the first trial
REMAND FOR SENTENCING BEFORE A DIFFERENT JUDGE
The Law Offices of Roger P. Foley, P.A.