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McBRIDE v. STATE

No. 92-666.

604 So.2d 1291 (1992)

Diane McBRIDE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 15, 1992.

Attorney(s) appearing for the Case

Friend, Fleck & Gettis, South Miami, for appellant.

Robert A. Butterworth, Atty. Gen. and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and FERGUSON, JJ.

SCHWARTZ, Chief Judge.

We reject both points raised in this appeal from a conviction for resisting arrest without violence. First, the trial court correctly granted the state's request to instruct the jury as to that crime as a permissive lesser included offense of resisting arrest with violence, which was alleged in the information. State v. Johnson, 601 So.2d 219 (Fla. 1992); Tice v. State,

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