Wilson v. State

OPINION

BARTEAU, Senior Judge.

STATEMENT OF THE CASE

Defendant-Appellant Shane Allen Wilson appeals his conviction of resisting law enforcement by fleeing, a Class D felony. Ind.Code § 35-44-8-3.

We reverse and remand.

ISSUES

The following issue is dispositive:

Whether the trial court committed reversible error when it declined to give a proposed instruction that informed the jury about a defendant's right to protect himself when arresting officers use excessive force.

FACTS AND PROCEDURAL HISTORY

On September 6, 2008, Officer Matthew Myers, a Clinton County Deputy Sheriff and Town of Mulberry Police…