Kirschenbaum v. State, 91-1104
| Decision Date | 11 February 1992 |
| Docket Number | No. 91-1104,91-1104 |
| Citation | 592 So.2d 1272 |
| Parties | Robert KIRSCHENBAUM, Appellant, v. The STATE of Florida, Appellee. 592 So.2d 1272, 17 Fla. L. Week. D450 |
| Court | Florida District Court of Appeals |
An Appeal from the Circuit Court for Dade County, Juan Ramirez, Judge.
Bennett H. Brummer, Public Defender and Howard K. Blumberg, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Giselle Lylen and Angelica D. Zayas, Asst. Attys. Gen., for appellee.
Before SCHWARTZ, C.J., and BARKDULL and GERSTEN, JJ.
The defendant's conviction of resisting an officer with violence is reversed for a new trial because the trial court
erred in instructing the jury as a matter of law that the police officer was acting lawfully when he arrested appellant. See Brannen v. State, 453 So.2d 428 (Fla. 1st DCA 1984); Smith v. State, 399 So.2d 70 (Fla. 5th DCA 1981).
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...v. State, 608 So.2d 912, 914-15 (Fla. 3d DCA 1992); McBride v. State, 604 So.2d 1291, 1292 (Fla. 3d DCA 1992); Kirschenbaum v. State, 592 So.2d 1272 (Fla. 3d DCA 1992); Stayer v. State, 590 So.2d 25 (Fla. 4th DCA 1991); Dion v. State, 564 So.2d 618 (Fla. 4th DCA 1990). When the "duty being ......
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Hierro v. State, 90-2098
...in effect directed a verdict for the State on that point. See Tillman v. State, 600 So.2d 37 (Fla. 3d DCA 1992); Kirschenbaum v. State, 592 So.2d 1272 (Fla. 3d DCA 1992); Wimbley v. State, 567 So.2d 560, 561 (Fla. 4th DCA 1990); Dion v. State, 564 So.2d 618 (Fla. 4th DCA 1990); see also Jon......
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McBride v. State
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