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FORESHAW v. STATE

No. 93-497.

639 So.2d 683 (1994)

Beverley FORESHAW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 6, 1994.

Attorney(s) appearing for the Case

Harrison T. Slaughter, Jr., of Leventhal & Slaughter, P.A., Orlando, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, Belle B. Turner, Asst. Atty. Gen. and Kimberly D. Nolen, Certified Legal Intern, Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED. We certify the following question as one of great public importance:

IS RESISTING ARREST WITHOUT VIOLENCE (§ 843.02) A NECESSARILY LESSER INCLUDED OFFENSE OF RESISTING WITH VIOLENCE (§ 843.01)?

COBB and GOSHORN, JJ., concur.

HARRIS, C.J., concurs and concurs specially with opinion.

HARRIS, Chief Judge, concurring specially:

Beverley Foreshaw was convicted of resisting an officer without violence...

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