Brown v. State

In this resisting an officer case, Appellant challenges the denial of a special instruction regarding the lawfulness of his police detention. Appellant also challenges his convictions for resisting with and without violence on double jeopardy grounds. We affirm on the jury instruction issue, but reverse the conviction for resisting without violence, concluding that it is a double jeopardy violation.

The jury was given the standard instructions then in existence on resisting an officer with and without violence and battery on an officer. 1 Included within each standard instruction was the…