LOWERY v. STATE

No. 1D09-2311.

57 So.3d 868 (2011)

Elizabeth Harris LOWERY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 21, 2011.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Terry Carley , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Heather Flanagan Ross , Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Appellant, Elizabeth Harris Lowery, appeals her judgments and sentences and raises two issues, only one of which merits discussion. Appellant argues that the trial court committed fundamental error in failing to instruct the jury on the knowledge element of the offense of resisting an officer without violence. Although the State concedes error, we conclude that no fundamental error occurred. Appellant's testimony established that at the time any alleged...

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