ADRIAN ANDREW v. STATE OF FLORIDA
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ADRIAN ANDREW, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. CASE NO. 1D02-4232 STATE OF FLORIDA , Appellee. _____________________________/ Opinion filed December 31, 2003. An appeal from the Circuit Court of Alachua County. Phyllis D. Kotey, Judge. Nancy A. Daniels, Public Defender, and Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant. Charles J. Crist, Jr., Attorney General, and Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant Adrian Andrew was improperly convicted of both resisting an officer without violence and resisting an officer with violence. The charges of resisting Officer Weiland with and without violence may only be seen as a continuous resistence to Officer Weiland s ongoing attempt to remove appellant from his car and arrest him. Therefore, appellant may only be convicted of resisting with violence. See e.g. Wallace v.State , 724 So. 2d 1126 (Fla. 1998); Jones v. State, 764 So. 2d 659 (Fla. 1 st DCA 2000). We VACATE the conviction and sentence for resisting without violence. KAHN, WEBSTER and VAN NORTWICK, JJ., CONCUR.
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