Adams v. State

POLEN, Judge.

Timothy Adams appeals from a final judgment and sentence convicting him of resisting arrest with violence. We reverse, as the trial court fundamentally erred by reading to the jury the instruction for resisting arrest without violence, rather than the instruction for resisting arrest with violence. See Gaines v. State, 652 So.2d 458 (Fla. 4th DCA 1995) (where instructions read to jury are for a crime different from that which defendant is charged and convicted of, verdict as to that crime is a nullity; error is fundamental requiring reversal even in absence of an objection.)

Althou…