THOMAS v. STATE

No. 1D05-4500.

970 So.2d 460 (2007)

Haywood L. THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 12, 2007.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General; Thomas D. Winokur and Edward C. Hill, Jr., Assistant Attorneys General, Tallahassee, for Appellee.


THOMAS, J.

Appellant appeals his conviction for resisting an officer without violence, arguing that the trial court committed fundamental error by failing to sua sponte clarify the standard jury instruction given on resisting arrest without violence and also by failing to instruct the jury regarding the justifiable use of force. Because we find that any errors are unpreserved and do not constitute fundamental error, we affirm Appellant's conviction. We write...

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