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FRATCHER v. STATE

No. 92-1487.

621 So.2d 525 (1993)

Mark FRATCHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 10, 1993.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Susan D. Cline, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Defendant was convicted of three counts of battery on a law enforcement officer, resisting officers with violence, and retail theft of a pair of sunglasses. We reverse for a new trial because of the harm caused by the three following errors.

First, over defense objection the trial court instructed the jury on flight. This was error under Fenelon v. State, 594 So.2d 292

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