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DAVIS v. STATE

No. 2D07-461.

973 So.2d 1277 (2008)

Brian. Keith DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 20, 2008.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Tonja Rene Vickers, Assistant Attorney General, Tampa, for Appellee.

STRINGER, Judge.

Brian Keith Davis seeks review of his judgment and sentence for resisting an officer without violence. Davis argues that the trial court erred in denying his motion for judgment of acquittal because the State failed to present sufficient evidence to show that the officers who detained him were engaged in the lawful execution of a legal duty. We agree that without information regarding the nature of the complaint the officers were investigating, there...

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