HAMPTON v. STATE

No. 98-2630.

733 So.2d 1137 (1999)

James HAMPTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 9, 1999.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Ian Seldin, 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.


STEVENSON, J.

Appellant, James Hampton, was convicted of possession of cocaine and resisting arrest without violence. At trial, Hampton validly raised the unlawfulness of his arrest as a defense to the charge of resisting arrest without violence, and requested that the jury be given a special jury instruction relating to such defense. We reverse the resisting arrest charge and hold that the trial court erred in denying appellant's request for a special jury instruction...

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