DAVIS v. STATE

No. NN-498.

381 So.2d 285 (1980)

Alfonzo DAVIS, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 11, 1980.


Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, Steven H. Parton, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Raymond L. Marky, Asst. Atty. Gen., for appellee.


SHIVERS, Judge.

Appellant appeals the judgment sentence rendered April 11, 1979, which placed him on one year's probation for resisting arrest without violence. Appellant contends that the trial judge erred in declining to give the jury a requested instruction that they had to find the element of a lawful arrest before they could find appellant guilty of resisting arrest without violence (a misdemeanor). We agree and reverse.

Although appellant was eventually...

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