KIRSCHENBAUM v. STATE

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).