CONRAN v. STATE

No. 92-2390.

617 So.2d 1154 (1993)

David CONRAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 19, 1993.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.


KLEIN, Judge.

Defendant was convicted of battery on a law enforcement officer and resisting arrest with violence. He argues that the court erred in instructing the jury that "an arrest constitutes a lawful execution of a legal duty," because this instruction invaded the province of the jury, based on Dion v. State, 564 So.2d 618 (Fla. 4th DCA 1990).

The present case is...

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