Florida District Courts of Appeal, 1985

Blakely v. State

Blakely v. State
Florida District Courts of Appeal · Decided May 1, 1985 · Anstead, Glickstein, Walden
467 So. 2d 838; 10 Fla. L. Weekly 1093; 1985 Fla. App. LEXIS 13755 (Southern Reporter, Second Series)

Blakely v. State

Opinion of the Court

PER CURIAM.

We conclude it was harmful error not to instruct the jury as requested. Accordingly, we reverse only the conviction of resisting arrest without violence and remand for new trial on Count III. We affirm all of the remaining convictions.

The parties agree, as do we, that the trial court erred in imposing more than six months’ probation for the two second degree misdemeanors. We remand for correction of the sentences.

ANSTEAD, C.J., and GLICKSTEIN and WALDEN, JJ., concur.

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