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McABEE v. STATE

No. 80-749.

391 So.2d 373 (1980)

Robert Lee McAbee, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 19, 1980.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, St. Petersburg, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.

DANAHY, Judge.

Robert Lee McAbee argues that his conviction for attempted resisting arrest with violence is void because there is no such crime in this state. We agree and reverse.

Appellant was charged with resisting arrest with violence in violation of section 843.01, Florida Statutes (1979), and subsequently found guilty of attempted resisting arrest with violence. Section 843.01 provides:

Whoever knowingly and willfully resists, obstructs, or...

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