Jones v. State

FRANK, Acting Chief Judge.

Larry D. Jones appeals from his judgment and sentence for resisting arrest without violence. We reverse because the trial court improperly instructed the jury on that offense.

The trial court erred in instructing the jury that “arresting the Defendant for possession of cocaine and/or drug paraphernalia constitutes lawful execution of a legal duty.” By stating that Jones’s arrest constituted the lawful execution of a legal duty, the trial court, in effect, took the issue of the lawfulness of his arrest from the jury and directed a verdict for the State. See Kyle v.…