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SCOTT v. STATE

No. 91-0639.

594 So.2d 832 (1992)

Ernest SCOTT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 1, 1992.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dawn S. Wynn, Asst. Atty. Gen., West Palm Beach, for appellee.

LETTS, Judge.

The defendant was found guilty of attempted robbery and resisting arrest without violence. The issue presented is whether the trial court erred in instructing the jury. We reverse.

The defendant was charged with resisting arrest with violence. Over defense objection,1 the trial court gave the Florida Standard Jury Instruction on resisting arrest with violence which instructs the jury that "an arrest constitutes a...

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