YARUSSO v. STATE

No. 2D05-5523.

942 So.2d 939 (2006)

Corey Nathanial YARUSSO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 17, 2006.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee.


STRINGER, Judge.

Corey Yarusso challenges his conviction and sentence for resisting or obstructing an officer with violence, contending that the trial court should have granted his motion for judgment of acquittal because the State failed to prove all of the elements of the offense. We agree and reverse.

The testimony at trial showed that Deputy Cantrell and Corporal Taggart of the Lee County Sheriff's Office were working in plain clothes in a "high-burglary...

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