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NELSON v. STATE

No. 87-01125.

543 So.2d 1308 (1989)

Archie NELSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 31, 1989.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and A. Anne Owens, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.

PARKER, Judge.

Archie Nelson appeals his conviction for resisting an officer without violence. We reverse.

Nelson was convicted of felony petit theft and resisting an officer without violence. The only evidence presented at trial relating to the resisting charge is set forth below. Officers Reece and Swank of the Lakeland Police Department, while on routine patrol, saw Nelson standing near a building with something in his arms. Nelson ran at the sight of the...

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