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EVANS v. STATE

No. 4D08-258.

13 So.3d 100 (2009)

David Scott EVANS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 20, 2009.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Elisabeth Porter, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

DAMOORGIAN, J.

David Scott Evans timely appeals his judgment and sentence for felony resisting with violence and battery on a law enforcement officer. We reverse, holding that the jury instruction stating that the trespass or narcotics investigation constituted the lawful execution of a legal duty impermissibly directed a verdict for the State. By failing to instruct the jury that the investigation must be "lawful" in order for it to find that the officer was executing...

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