PRESCOTT v. STATE

No. 4D08-1786.

23 So.3d 1251 (2009)

Darrell PRESCOTT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 23, 2009.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Richard B. Greene, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee.


GERBER, J.

The defendant below appeals his conviction for fleeing and eluding a law enforcement officer under section 316.1935(1), Florida Statutes (2006). The defendant argues that the crime's standard jury instruction uses a word different from the statute, and that the trial court erred in denying the defendant's request to use the correct word from the statute. We find the terminology difference to be immaterial and affirm.

Section 316.1935(1) provides...

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