Citation Codes Equivalent Citations citation codes Docket Number No. 91-2796. Attorney(S) Bennett H. Brummer, Public Defender Rosa C. Figarola, Public Defender, for Robert A. Butterworth, Roberta G. Mandel, , for Judges PER CURIAM. See more information ... Smart Summary Please sign up to generate summary. PATRICK SCOTT TILLMAN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE. PER CURIAM. 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 DCA 1990); Kirschenbaum v. State, 592 So.2d 1272 (Fla. 3d DCA 1992); see Brannen v. State, 453 So.2d 428 (Fla. 1st DCA 1984); Smith v. State, 399 So.2d 70 (Fla. 5th DCA 1981).