E.Y. v. State, 2026 Fla. App. LEXIS 6310 (Fla. Ct. App. 2026)

The Florida 4th District Court of Appeal reversed a delinquency adjudication of resisting an officer based on insufficient evidence. The court stated in relevant part:

Here, the State’s evidence was insufficient to prove that E.Y. had taken any action which constituted obstruction or resistance of the officer’s lawful duty. The trial court was right to characterize this as “one of the most minimal resisting an officer cases I think I’ve ever seen.” In short, a child harmlessly walked a few feet down a sidewalk for a few seconds and then stood still and cried as a police officer handcuffed her without any obstruction or resistance. E.Y. complied with the officer’s command, “do not run,” as she did not run. Further, the officer had not told E.Y. that she was under arrest or that he intended to detain her. See M.M. v. State, 51 So. 3d 614, 616 (Fla. 1st DCA 2011). In light of the video evidence, which we have independently reviewed, the State simply did not present enough evidence of criminal conduct to satisfy the charged offense’s second element. At most, the officer’s work was prolonged by a few seconds and accomplished without any difficulty. See R.S. v. State, 531 So. 2d 1026, 1027 (Fla. 1st DCA 1988) (reversing where the appellate court was “unprepared to say that under the circumstances of this case [a child’s actions] sufficiently impeded the deputies so as to constitute a violation of” section 843.02).