SPENCE v. STATE

No. 95-0133.

678 So.2d 459 (1996)

Christopher Mark SPENCE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 14, 1996.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.


SHAHOOD, Judge.

Christopher Spence was tried for and convicted of resisting arrest with violence. Because we find that the trial court erred in denying Spence's request for a jury instruction on the lawful use of nondeadly force, we reverse the conviction and remand for a new trial. We affirm all other issues raised in this appeal.

Evidence at trial showed that Spence and his girlfriend's son entered a Winn Dixie which Officer Riddick ("Riddick") was guarding...

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