Butler v. State

COBB, Judge.

Steven Butler, charged with resisting an officer with violence, was convicted of the permissive lesser included offense of resisting an officer without violence. On appeal he correctly contends that the state’s evidence at trial failed to show that the officer had probable cause to believe he was effectuating a legal arrest, which is an essential element of the offense. Robinson v. State, 550 So.2d 1186 (Fla. 5th DCA 1989).

The arresting officer’s proffered testimony in regard to the legality of the arrest, which was improperly excluded by the trial judge, clearly revealed that the…