Tillman v. State, 91-2796
| Decision Date | 09 June 1992 |
| Docket Number | No. 91-2796,91-2796 |
| Citation | 600 So.2d 37 |
| Parties | Patrick Scott TILLMAN, Appellant, v. The STATE of Florida, Appellee. 600 So.2d 37, 17 Fla. L. Week. D1446 |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender and Rosa C. Figarola, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Roberta G. Mandel, Asst. Atty. Gen., for appellee.
Before LEVY, GERSTEN and GODERICH, JJ.
The defendant's conviction of resisting an officer without violence is hereby reversed and remanded for a new trial. "[T]he trial court erred in instructing the jury as a matter of law that the police officer was acting lawfully when he arrested" the defendant where the legality of the officer's actions was an issue to be determined by the jury. Dion v. State, 564 So.2d 618, 618 (Fla. 4th DCA1990); Kirschenbaum v. State, 592 So.2d 1272 (Fla. 3d DCA1992); see Brannen v. State, 453 So.2d 428 (Fla. 1st DCA1984); Smith v. State, 399 So.2d 70 (Fla. 5th DCA1981).
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Hierro v. State, 90-2098
...the lawful execution of a legal duty, the trial court 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. ......
- Brown v. State, 91-1600