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MALONE v. STATE

No. 94-4093.

666 So.2d 1038 (1996)

James Dallas MALONE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 26, 1996.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Christine M. Ryall, Assistant Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General; Richard Parker, Assistant Attorney General, Tallahassee, for appellee.

PER CURIAM.

Malone appeals from a final judgment and sentence for resisting arrest with violence, resisting arrest without violence, possession of less than 20 grams of cannabis, and possession of drug paraphernalia. We find there was insufficient evidence to support the conviction for resisting arrest without violence, and reverse and remand. The court is directed to discharge the defendant on the count of resisting arrest without violence. Harris v. State,

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