Adams v. State

District Court of Appeal of Florida

Adams v. State

630 So. 2d 641, 1994 Fla. App. LEXIS 48, 1994 WL 6389

CourtDistrict Court of Appeal of Florida

DecidedJanuary 11, 1994

DocketNo. 93-1697

StatusPublished

Cited by1 cases

This text of 630 So. 2d 641 (Adams v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams v. State, 630 So. 2d 641, 1994 Fla. App. LEXIS 48, 1994 WL 6389 (Fla. Ct. App. 1994).

Pincite

Opinion

PER CURIAM.

Anthony Adams was convicted, inter alia, of resisting an officer with violence. Without objection, the trial court charged the jury: “The court further instructs you that Sgt. James Bigler was in the process of performing a lawful execution of a legal duty.”

Defendant was also convicted of aggravated battery on a police officer. Without objection, the trial court charged the jury: “The court now instructs you that Sgt. James Bigler is a law enforcement officer.” There was no dispute at trial that the officer was a law enforcement officer and that, at the relevant time, he was in the process of performing the lawful execution of a legal duty.

The above-quoted instructions are erroneous. Starks v. State, 627 So.2d 1194 (Fla. 3d DCA 1993). The error is not, however, fundamental. Id. at 1198, and cases cited therein.

Defendant’s remaining point is without merit.

Affirmed.

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