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LETT v. STATE

No. 1D08-5324.

29 So.3d 455 (2010)

Alfreco LETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 10, 2010.

Attorney(s) appearing for the Case

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

Bill McCollum, Attorney General, and Michael T. Kennett, Assistant Attorney General, Tallahassee, for Appellee.

CLARK, J.

As the state concedes, the trial court committed fundamental error by failing to instruct the jury on the knowledge element for the charge of resisting arrest without violence because that element was disputed at trial. Leonard v. State, 1 So.3d 1271 (Fla. 1st DCA 2009); Harris v. State, 935 So.2d 1259 (Fla. 5th DCA 2006). The...

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