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BREEDLOVE v. STATE

No. 91-2567.

605 So.2d 589 (1992)

Melvin BREEDLOVE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 30, 1992.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant moved for judgment of acquittal on a charge of resisting arrest without violence because he claimed that the officer was not engaged in the lawful execution of a legal duty when trying to stop appellant. See Nelson v. State, 543 So.2d 1308 (Fla. 2d DCA 1989). The state charged that appellant resisted arrest by fleeing from Officer Arney when he attempted to stop appellant. The issue is whether the officer...

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