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ADAMS v. STATE

No. 95-2038.

681 So.2d 917 (1996)

Timothy ADAMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 23, 1996.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.

POLEN, Judge.

Timothy Adams appeals from a final judgment and sentence convicting him of resisting arrest with violence. We reverse, as the trial court fundamentally erred by reading to the jury the instruction for resisting arrest without violence, rather than the instruction for resisting arrest with violence. See Gaines v. State, 652 So.2d 458 (Fla. 4th DCA 1995) (where instructions read to jury are for a crime different...

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