Citation Codes Equivalent Citations citation codes Docket Number No. 91-1104. Attorney(S) Bennett H. Brummer, Public Defender Howard K. Blumberg, Public Defender, for Robert A. Butterworth, Giselle Lylen Angelica D. Zayas, , for Judges PER CURIAM. See more information ... Smart Summary Please sign up to generate summary. ROBERT KIRSCHENBAUM, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE. PER CURIAM. The defendant's conviction of resisting an officer with violence is reversed for a new trial because the trial court erred in instructing the jury as a matter of law that the police officer was acting lawfully when he arrested appellant. See Brannen v. State, 453 So.2d 428 (Fla. 1st DCA 1984); Smith v. State, 399 So.2d 70 (Fla. 5th DCA 1981). Dion v. State, 564 So.2d 618, 618 (Fla. 4th DCA 1990).