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Malone v. State

District Court of Appeal of Florida, First District
Jan 26, 1996
666 So. 2d 1038 (Fla. Dist. Ct. App. 1996)

Opinion

No. 94-4093.

January 26, 1996.

An appeal from the Circuit Court for Duval County; John Southwood, Judge.

Nancy A. Daniels, Public Defender; Christine M. Ryall, Assistant Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General; Richard Parker, Assistant Attorney General, Tallahassee, for appellee.


Malone appeals from a final judgment and sentence for resisting arrest with violence, resisting arrest without violence, possession of less than 20 grams of cannabis, and possession of drug paraphernalia. We find there was insufficient evidence to support the conviction for resisting arrest without violence, and reverse and remand. The court is directed to discharge the defendant on the count of resisting arrest without violence. Harris v. State, 647 So.2d 206 (Fla. 1st DCA 1994).

JOANOS, WOLF and VAN NORTWICK, JJ., concur.


Summaries of

Malone v. State

District Court of Appeal of Florida, First District
Jan 26, 1996
666 So. 2d 1038 (Fla. Dist. Ct. App. 1996)
Case details for

Malone v. State

Case Details

Full title:JAMES DALLAS MALONE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jan 26, 1996

Citations

666 So. 2d 1038 (Fla. Dist. Ct. App. 1996)