Lett v. State

As the state concedes, the trial court committed fundamental error by failing to instruct the jury on the knowledge element for the charge of resisting arrest without violence because that element was disputed at trial. Leonard v. State, 1 So.3d 1271 (Fla. 1st DCA 2009); Harris v. State, 935 So.2d 1259 (Fla. 5th DCA 2006). The standard jury instruction for this offense does not contain language addressing a defendant’s knowledge that the person he or she is resisting is an officer, but when such knowledge is in dispute, it is an element of the crime of resisting an officer without violence…