Fields v. State

KLEIN, Judge.

Appellant was charged with aggravated battery and resisting arrest without violence, but was only found guilty of attempted resisting arrest without violence. He argues that there is no such crime; however, we disagree and affirm.

Appellant recognizes that State v. Tousignant, 460 So.2d 450 (Fla. 2d DCA 1984) holds that there is a crime of attempting to resist arrest without' violence, but argues that it was incorrectly decided. In Tousignant the defendant was relying on a prior decision of the second district, McAbee v. State, 391 So.2d 373 (Fla.App.2d DCA 1980), in which the…