Trace v. State
Cases that cite this one
1 later published case cites this decision.
- Jones v. State (Fla. Dist. Ct. App. 1991)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We reverse appellant’s conviction and sentence for resisting a police officer without violence and remand for a new trial. See Dion v. State, 564 So.2d 618 (Fla. 4th DCA 1990) (error for trial court to instruct jury as a matter of law that police officer was acting lawfully when he arrested appellant); See also Carter v. State, 469 So.2d 194, 195-96 (Fla. 2d DCA 1985) (failure to give a complete and accurate instruction on defendant’s only defense is fundamental error, reviewable in the complete absence of a request or objection).
REVERSED AND REMANDED FOR A NEW TRIAL.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.