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KIRK v. STATE

No. 97-272.

708 So.2d 636 (1998)

Myrtle KIRK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 27, 1998.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Roberta J. Tylke, Assistant Attorney General, Daytona Beach, for Appellee.

W. SHARP, Judge.

Kirk appeals from a judgment adjudicating her guilty of resisting an officer with violence and attempted battery on a law enforcement officer,1 after a jury trial. She argues on appeal that the conviction for resisting arrest with violence should be reversed and the cause remanded for trial because the trial court failed to instruct the jury on a permissive lesser included offense: resisting arrest without violence.

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