BERG v. STATE

No. 5D99-2387.

769 So.2d 511 (2000)

Donald BERG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 20, 2000.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.


HARRIS, J.

The police were called when, after running up a $33 bar and dinner bill, Berg was unable to pay. Berg was abusive, threatening, and resistant when the officers decided to arrest him for defrauding an innkeeper. Later, while Officer Lynch was holding Berg down for a medical check, Berg told him to let go of his legs and kicked the officer.

During deliberations, the jury asked if accidentally kicking the officer while resisting arrest would constitute...

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