Crevitz v. State

COPE, Judge.

David Samuel Crevitz appeals his conviction of resisting an officer with violence. We reverse.

The state charged defendant -with resisting an officer with violence, in violation of section 843.01, Florida Statutes (1993). At the charge conference, defendant requested a jury instruction on the lesser included offense of resisting an officer without violence. See § 843.02, Fla.Stat. (1993). The trial court consulted the Schedule of Lesser Included Offenses contained in the Florida Standard Jury Instructions in Criminal Cases. Finding no entry on the Schedule for the offense of…