WIMBLEY v. STATE

No. 89-1652.

567 So.2d 560 (1990)

Derek L. WIMBLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 10, 1990.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and B. Sue Foreman, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles E. Ferris, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

The appellant was convicted of resisting arrest without violence and escape. The trial court instructed the jury that the police were in lawful execution of a legal duty at the time the alleged offenses took place. We agree with appellant that the trial court erred in not submitting the issue of the legality of defendant's arrest to the jury. See Williams v. State, 511 So.2d 740 (Fla. 5th DCA 1987); Smith v...

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