JONES v. STATE

No. 96-01990.

707 So.2d 773 (1998)

Larry D. JONES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 9, 1998.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Frank D.L. Winstead, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Tracy L. Martinell, Assistant Attorney General, Tampa, for Appellee.


FRANK, Acting Chief Judge.

Larry D. Jones appeals from his judgment and sentence for resisting arrest without violence. We reverse because the trial court improperly instructed the jury on that offense.

The trial court erred in instructing the jury that "arresting the Defendant for possession of cocaine and/or drug paraphernalia constitutes lawful execution of a legal duty." By stating that Jones's arrest constituted the lawful execution of a legal duty, the...

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