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TILLMAN v. STATE

No. SC02-717.

934 So.2d 1263 (2006)

Ernest TILLMAN, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

July 6, 2006.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, FL, Wesley Heidt and Kellie A. Nielan, Assistant Attorneys General, Daytona Beach, FL, for Respondent.

PARIENTE, J.

The decision under review, Tillman v. State, 807 So.2d 106 (Fla. 5th DCA 2002), expressly and directly conflicts with Taylor v. State, 740 So.2d 89 (Fla.1st DCA 1999), on the issue of whether section 776.051(1), Florida Statutes (2005), which prohibits the use of force to resist an arrest notwithstanding the illegality of the officer's actions, extends to other types...

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