ROBERTS v. STATE

No. 2D98-703.

753 So.2d 136 (2000)

Johnny ROBERTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 7, 2000.


Attorney(s) appearing for the Case

Gonzalo A. Gayoso, Miami, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.


STRINGER, Judge.

Johnny Roberts was charged, in a six-count information, with various drug offenses; resisting an officer with violence; and battery on a law enforcement officer. Roberts was tried and found guilty on all counts. He raises two arguments on appeal, the first of which alleges a sentencing error and requires reversal. Roberts also assigns error to the trial court's denial of his request for a special jury instruction on the use of nondeadly force; however...

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