ORFINGER, Judge.
Appellee was charged with two counts of resisting arrest with violence under section 843.01, Florida Statutes (1979). The trial court granted appellee's motion to dismiss under Rule 3.190(c)(4), Florida Rules of Criminal Procedure, on the ground that neither deputy sheriff involved in the arrest was "in the lawful performance of [his] duty at the time of the incident." The State appeals. The issue on appeal is whether the finding by the trial court...
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