Trace v. State

District Court of Appeal of Florida

Trace v. State

566 So. 2d 611, 1990 Fla. App. LEXIS 7066, 1990 WL 133815

CourtDistrict Court of Appeal of Florida

DecidedSeptember 19, 1990

DocketNo. 89-3091

StatusPublished

Cited by1 cases

This text of 566 So. 2d 611 (Trace 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.

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Trace v. State, 566 So. 2d 611, 1990 Fla. App. LEXIS 7066, 1990 WL 133815 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

We reverse appellant’s conviction and sentence for resisting a police officer without violence and remand for a new trial. See Dion v. State, 564 So.2d 618 (Fla. 4th DCA 1990) (error for trial court to instruct jury as a matter of law that police officer was acting lawfully when he arrested appellant); See also Carter v. State, 469 So.2d 194, 195-96 (Fla. 2d DCA 1985) (failure to give a complete and accurate instruction on defendant’s only defense is fundamental error, reviewable in the complete absence of a request or objection).

REVERSED AND REMANDED FOR A NEW TRIAL.

LETTS, GLICKSTEIN and GARRETT, JJ., concur.

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PER CURIAM.

We reverse appellant’s conviction and sentence for resisting a police officer without violence and remand for a new trial. See Dion v. State, 564 So.2d 618 (Fla. 4th DCA 1990) (error for trial court to instruct jury as a matter of law that police officer was acting lawfully when he arrested appellant); See also Carter v. State, 469 So.2d 194, 195-96 (Fla. 2d DCA 1985) (failure to give a complete and accurate instruction on defendant’s only defense is fundamental error, reviewable in the complete absence of a request or objection).

REVERSED AND REMANDED FOR A NEW TRIAL.

LETTS, GLICKSTEIN and GARRETT, JJ., concur.

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566 So. 2d 611, 1990 Fla. App. LEXIS 7066, 1990 WL 133815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trace-v-state-fladistctapp-1990.

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