CREVITZ v. STATE

No. 95-2521.

673 So.2d 168 (1996)

David Samuel CREVITZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 15, 1996.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and GERSTEN, JJ.


COPE, Judge.

David Samuel Crevitz appeals his conviction of resisting an officer with violence. We reverse.

The state charged defendant with resisting an officer with violence, in violation of section 843.01, Florida Statutes (1993). At the charge conference, defendant requested a jury instruction on the lesser included offense of resisting an officer without violence. See § 843.02, Fla.Stat. (1993). The trial court consulted the Schedule of Lesser...

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