PHILLIPS v. STATE

No. 74-670.

314 So.2d 619 (1975)

Willie Claude PHILLIPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 20, 1975.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Elliot R. Brooks, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert B. Breisblatt, Asst. Atty. Gen., West Palm Beach, for appellee.


WALDEN, Judge.

Willie Claude Phillips was convicted of resisting arrest with violence and sentenced to imprisonment for five years. He appeals. We reverse and remand with instructions to discharge him.

There is no dispute as to the facts. A police officer was investigating an alleged misdemeanor committed outside the officer's presence. He approached Phillips on a city street and asked Phillips to accompany him two blocks up the street in order to straighten...

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