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ANDERSON v. STATE

No. 4D99-2389.

780 So.2d 1012 (2001)

Eston E. ANDERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 28, 2001.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Cherry Grant, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Frank J. Ingrassia and Consuelo Maingot, Assistant Attorney Generals, Fort Lauderdale, for appellee.

STONE, J.

We reverse Anderson's conviction for violation of section 316.1935(2), Florida Statutes (Supp.1998), felony fleeing or eluding a law enforcement officer, because the jury was erroneously instructed on the elements of the offense.

At trial, Officer Pope testified that while on patrol in a marked Lake Worth police vehicle, he observed Anderson commit a traffic infraction. Pope pulled in behind Anderson's car and, turning on his emergency lights, tried...

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