TICE v. STATE

No. 88-00410.

569 So.2d 1327 (1990)

Gregory Joel TICE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 9, 1990.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.


ALTENBERND, Judge.

Gregory Joel Tice appeals his conviction for resisting an officer with violence. We reverse the conviction because he did not receive his requested instruction on resisting an officer without violence, which is the next lesser-included offense under the evidence in this case.

On July 9, 1987, Mr. Tice and his wife had an argument while they were at the home of Mr. Tice's mother in Eloise, Florida. Mrs. Tice returned to the couple's home...

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