Anderson v. State

FARMER, Judge.

Defendant was convicted of possession of cocaine and resisting arrest without violence. As to the resisting arrest charge the trial court instructed the jury merely that “effecting a lawful arrest constitutes lawful execution of a legal duty.” We reverse.

In Scott v. State, 594 So.2d 882 (Fla. 4th DCA 1992), we reversed a conviction for resisting without violence where the precise instruction given was “an arrest constitutes a lawful execution of a legal duty.” Here the same instruction was given but with the simple addition of the word “lawful” before the word “arrest.” Without…