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TRACE v. STATE

No. 89-3091.

566 So.2d 611 (1990)

Kirk Daniel TRACE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 19, 1990.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.

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

PER CURIAM.

We reverse appellant's conviction and sentence for resisting a police officer without violence and remand for a new trial. See Dion v. State, 564 So.2d 618 (Fla. 4th DCA 1990) (error for trial court to instruct jury as a matter of law that police officer was acting lawfully when he arrested appellant); See also Carter v. State, 469 So.2d 194, 195-96 (Fla. 2d DCA 1985...

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