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BUTLER v. STATE

No. 93-73.

632 So.2d 684 (1994)

Steven BUTLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 25, 1994.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James T. Cook, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca Roark Wall, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

Steven Butler, charged with resisting an officer with violence, was convicted of the permissive lesser included offense of resisting an officer without violence. On appeal he correctly contends that the state's evidence at trial failed to show that the officer had probable cause to believe he was effectuating a legal arrest, which is an essential element of the offense. Robinson v. State, 550 So.2d 1186 (Fla...

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