K.B. v. State, 2026 Fla. App. LEXIS 6398 (Fla. Ct. App. 2026)

The Florida Fifth District Court of Appeal reversed a resisting arrest adjudication based on a double jeopardy violation. The court stated in relevant part:

K.B.’s actions flowed from a single continuous episode. While both officers did act independently of each other during the incident, the facts reflect a joint effort by officers to arrest and control her. The primary location of the incident remained at the school. No intervening act or temporal break occurred during the incident. Finally, K.B.’s intent remained consistent throughout the incident, to retrieve her vape and resist the officers’ efforts.

Therefore, K.B.’s multiple convictions of resisting arrest without violence arise from the same continuous act and constitute a double jeopardy violation. See Johnson v. State, 246 So. 3d 1277, 1277 (Fla. 1st DCA 2018) (citing R.J.R., 88 So. 3d at 267). KB’s adjudication and sentence for the second count is therefore reversed and remanded to the trial court to vacate the second adjudication of resisting arrest without violence and resentence her accordingly. See id. (citing Fogle v. State, 754 So. 2d 878, 879 (Fla. 1st DCA 2000)). Her adjudication and sentence for the first count of resisting arrest without violence are affirmed.