BLAKELY v. STATE

No. 84-1572.

467 So.2d 838 (1985)

Shirley Ann BLAKELY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 1, 1985.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

We conclude it was harmful error not to instruct the jury as requested. Accordingly, we reverse only the conviction of resisting arrest without violence and remand for new trial on Count III. We affirm all of the remaining convictions.

The parties agree, as do we, that the trial court erred in imposing more than six months' probation for the two second degree misdemeanors. We remand for correction of the sentences.

ANSTEAD, C.J., and GLICKSTEIN...

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