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ANDREW v. STATE

No. 1D02-4232.

861 So.2d 528 (2003)

Adrian ANDREW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 31, 2003.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant.

Charles J. Crist, Jr., Attorney General, and Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant Adrian Andrew was improperly convicted of both resisting an officer without violence and resisting an officer with violence. The charges of resisting Officer Weiland with and without violence may only be seen as a continuous resistance to Officer Weiland's ongoing attempt to remove appellant from his car and arrest him. Therefore, appellant may only be convicted of resisting with violence. See e.g. Wallace v.State, 724...

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