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McPHEE v. STATE

No. 92-0077.

616 So.2d 483 (1993)

Ricky McPHEE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Motion for Rehearing to Certify Question or Rehearing Denied May 5, 1993.

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 John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.

Motion for Rehearing to Certify Question or Rehearing En Banc Denied May 5, 1993.

ON MOTION FOR REHEARING

PER CURIAM.

We grant rehearing and withdraw our prior opinion, substituting the following in its place.

Ricky McPhee appeals his conviction for resisting arrest. McPhee admits to petit theft but argues that during his arrest the police officer used excessive force, which entitled McPhee to resist arrest with violence. The court gave the...

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