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P.B. v. STATE

No. 3D04-1297.

899 So.2d 480 (2005)

P.B., a juvenile, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 13, 2005.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Billie Jan Goldstein, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General and Michael E. Hantman, Assistant Attorney General, for appellee.

Before LEVY, C.J., COPE and SUAREZ, JJ.

SUAREZ, J.

P.B., a juvenile, appeals his conviction of resisting arrest without violence. P.B. contends the police officer was not engaged in the lawful performance of her duty at the time of his arrest. Therefore, he could not be guilty of resisting arrest without violence. We find the police officer was engaged in the lawful performance of her duty and affirm the conviction.

On December 19, 2003, while on routine patrol, Officer Felipe observed P.B. exchanging...

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