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Evans v. State, No. 4D08-258 (Fla. App. 5/20/2009) (Fla. App., 2009)

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DAVID SCOTT EVANS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-258. District Court of Appeal of Florida, Fourth District. May 20, 2009.Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Richard I. Wennet, Judge; L.T. Case No. 07CF001417AMB. Carey Haughwout, Public Defender, and Elisabeth Porter, Assistant Public Defender, West Palm Beach, for appellant. Bill McCollum, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee. DAMOORGIAN, J. David Scott Evans timely appeals his judgment and sentence for felony resisting with violence and battery on a law enforcement officer. We reverse, holding that the jury instruction stating that the trespass or narcotics investigation constituted the lawful execution of a legal duty impermissibly directed a verdict for the State...continue to full post

Full post as published by Florida Criminal Law Opinions on May 20, 2009 (boomark / email).