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526 So. 2d 170

526 So.2d 170

13 Fla.L.Weekly 1256

Bain v. State

District Court of Appeal of Florida · decided 1988-05-25

Relies on 469 So. 2d 743 - Florida Bar Re: Petition to Amend the Bylaws Under the Integration Rule of the Florida Bar · 511 So. 2d 1068 - Pride v. State · 462 So. 2d 540 - Rivera v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-05-25

How this case has been cited

Cited by 20 later decisions — most recently May 2016

19 state decisions

1001988199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1The appellant raises two issues on appeal, contending that the trial court erred in denying his motion for judgment of acquittal with regard to the offense of resisting arrest without violence, and in failing to instruct the jury on attempted resisting arrest without violence and attempted battery. We find no error in the trial court’s denial of the motion for judgment of acquittal. Similarly, we hold that, under the facts of this case, the trial court was justified in refusing to give jury instructions on attempted resisting arrest without violence and attempted battery, as the only evidence presented proved completed offenses. See Pride v. State, 511 So.2d 1068 (Fla. 1st DCA 1987); Rivera v. State, 462 So.2d 540, 545 (Fla. 1st DCA), rev. denied, 469 So.2d 750 (Fla.1985); Fla.R.Crim.P. 3.510.

¶2AFFIRMED.

ERVIN, BOOTH and WENTWORTH, JJ., concur.
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