SCOTT v. STATE

No. 74-1204.

330 So.2d 220 (1976)

Carl SCOTT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 5, 1976.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Martin H. Colin, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Linda Collins Hertz, Asst. Atty. Gen., Miami, for appellee.


PER CURIAM.

Appellant appeals his conviction of resisting arrest without violence. Omitting as unnecessary a statement of the facts, we conclude that appellant's arrest was illegal and that he was entitled to a judgment of acquittal at the close of all of the evidence. The judgment is reversed and the cause remanded with directions to discharge appellant.

REVERSED and REMANDED.

CROSS and OWEN, JJ., concur.

DOWNEY, J., dissents, with opinion...

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