IN THE CIRCUIT COURT OF
THE TENTH JUDICIAL CIRCUIT
FOR HARDEE, HIGHLANDS, AND

POLK COUNTY, FLORIDA

APPEAL NO.: DD-56

COUNTY CASE NO.: MM00-1729A-LD

BRYAN D. LAW,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

____________________________________

OPINION OF THE COURT

This matter is an appeal from the county court of Polk County, Judge James A. Yancey presiding. Appellant was charged with resisting an officer without violence, in violation of '843.02 Florida Statutes(2000). After a trial by court, Appellant was adjudicated guilty and sentenced to twelve months probation. Appellant argues on appeal that the trial court erred in finding him guilty. This court has jurisdiction. Fla. R. App. P. 9.030(c)(1)(A). The judgment and sentence of the county court is AFFIRMED.

On October 26, 2000, Officer Richard Rose of the Lakeland Police Department observed Appellant=s truck turning from Kennedy Boulevard proceeding south on North Road 98. After noticing that Appellant=s license tag may have been expired, Officer Richard Rose initiated a traffic stop and pulled the Appellant over. During the initial encounter, Officer Rose smelled alcohol and noticed that Appellant=s face was flushed. Officer Richard Rose then radioed the DUI task force to conduct a DUI investigation. While waiting for the DUI task force to arrive, Appellant began to put some Copenhagen chewing tobacco in his mouth. Officer Ron Rose, who had arrived as a back-up officer, instructed Appellant not to put the tobacco in his mouth, explaining that tobacco could interfere with the breathalyzer test. Appellant ignored the command and said that he was going to have a dip, after which Officer Ron Rose instructed Appellant several more times not to put tobacco in his mouth. After attempting to place the tobacco in his mouth, Appellant was placed under arrest. Officer Ron Rose ordered Appellant to place his hands behind his back but Appellant refused and kept his hands gripped to the side of his truck. Officer Richard Rose, who had been with the passenger of the truck, returned to assist and removed his pepper spray. Officer Richard Rose ordered Appellant to put his hands behind his back, but Appellant refused and grabbed the truck harder. At this point, Officer Richard Rose subdued Appellant using the pepper spray and placed him under arrest. After being booked at the Lakeland Police Department, Appellant was issued a citation for the expired tag and given a notice to appear for resisting an officer without violence.

Appellant argues that the trial court erred in adjudicating him guilty because there was insufficient evidence to prove that he resisted police officers. A judgment of conviction comes up for appellate review with a presumption of correctness, and a defendant's claim of insufficiency of the evidence cannot prevail where there is substantial competent evidence to support the verdict and judgment. Donaldson v. State, 722 So.2d 177 (Fla. 1998). An appellant=s claim of insufficient evidence will not prevail if substantial competent evidence exists to support the verdict. Woods v. State, 733 So.2d 980 (Fla. 1999).

Upon review of the record, the Court finds that there was substantial, competent evidence to support the trial court=s finding that the Appellant openly resisted police officers in attempting to place tobacco in his mouth and refusing to place his hands behind his back.

Accordingly, the order of the county court is AFFIRMED.

ORDERED this day of April 2002.

CHARLES B. CURRY, Chief Judge