FERRELL v. STATE

No. 88-977.

544 So.2d 336 (1989)

Ronnie FERRELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 13, 1989.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., Bradley R. Bischoff, Asst. Atty. Gen., for appellee.


WENTWORTH, Judge.

Appellant seeks review of judgments of conviction and sentences for the offenses of battery on a law enforcement officer and resisting an officer with violence. We find that the court's jury instructions should have included the lesser offenses of simple battery and resisting an officer without violence. We therefore reverse the orders appealed.

Appellant was an inmate at a county jail facility where a disturbance occurred which escalated...

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