KIRK DANIEL TRACE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KIRK DANIEL TRACE, APPELLANT,
STATE OF FLORIDA, APPELLEE
566 So. 2d 611
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 1 case
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jones v. State, 584 So. 2d 190 (Fla. 5th DCA 1991)…was requested for escape by defense counsel, and this problem was not raised on appeal. However, since the resisting arrest charges must be reversed for new trial, we conclude the escape charge should also be reversed for new trial. Trace v. State, 566 So. 2d 611 (Fla. 4th DCA 1990); Carter v. State, 469 So. 2d 194 (Fla. 2d DCA 1985). Based on this record, Jones can assert an affirmative defense questioning not only the lawfulness of his “arrest” but also his ensuing lawful “confinement,”5 all of which arise…
Authorities Cited
- Carter v. State, 469 So. 2d 194 (Fla. 2d DCA 1985)
- Dion v. State, 564 So. 2d 618 (Fla. 4th DCA 1990)