District Court of Appeal of Florida

Defendant's conviction for resisting an officer with violence is reversed where the state conceded error over a jury instruction stating that defendant's detention and arrest was a lawful execution of a legal duty, but conviction for aggravated assault on a law enforcement officer is affirmed where it is not fundamental error to convict a defendant under an erroneous lesser included charge when he had an opportunity to object to the charge and failed to do so when the improperly charged offense is lesser in degree and penalty than the main offense.

Appellate Information

• Decided 09/27/2006
• Published 09/27/2006

Judges

Court

• District Court of Appeal of Florida

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