Cardwell v. State

HALL, Judge.

Glen Dale Cardwell appeals his conviction for resisting an officer with violence and aggravated assault. We affirm the judgment as to resisting an officer with violence but reverse appellant’s conviction for aggravated assault.

Appellant argues that the court improperly rejected his proposed jury instruction concerning the defense of intoxication against the charge of aggravated assault, which is a specific intent crime. State v. Shorette, 404 So.2d 816 (Fla.2d DCA 1981). We agree.

Evidence presented at trial established that appellant was approached by three police officers who…