ROBERT KIRSCHENBAUM, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Hierro v. State, 608 So. 2d 912 (Fla. 3d DCA 1992)
  …. By stating that the arrest of this defendant constituted the lawful execution of a legal duty, the trial court in effect directed a verdict for the State on that point. See Tillman v. State, 600 So. 2d 37 (Fla. 3d DCA 1992); Kirschenbaum v. State, 592 So. 2d 1272 (Fla. 3d DCA 1.992); Wimbley v. State, 567 So. 2d 560, 561 (Fla. 4th DCA 1990); Dion v. State, 564 So. 2d 618 (Fla. 4th DCA 1990); see also Jones v. State, 584 So. 2d 190, 191 (Fla. 5th DCA 1991); Smith v. State, 399 So. 2d 70, 71-72 (Fla. 5th DCA 1…
• Starks v. State, 627 So. 2d 1194 (Fla. 3d DCA 1993)
  …n of “lawful execution of a legal duty.” The instruction should not have made reference to Mr. Starks. See Hierro v. State, 608 So. 2d 912, 914-15 (Fla. 3d DCA 1992); McBride v. State, 604 So. 2d 1291, 1292 (Fla. 3d DCA 1992); Kirschenbaum v. State, 592 So. 2d 1272 (Fla. 3d DCA 1992); Stayer v. State, 590 So. 2d 25 (Fla. 4th DCA 1991); Dion v. State, 564 So. 2d 618 (Fla. 4th DCA 1990).3 [*1197] When the “duty being performed” jury instruction was discussed at the charge conference, the following transpired: […
• McBRIDE v. State, 604 So. 2d 1291 (Fla. 3d DCA 1992)
  …at the time the alleged offenses took place” [e.s.], and Dion v. State, 564 So. 2d 618, 618 (Fla. 4th DCA 1990), where the jury was told that “the police officer was acting lawfully when he arrested appellant.” [e.s.] See also Kirschenbaum v. State, 592 So. 2d 1272 (Fla. 3d DCA 1992). On this basis, we follow Stayer v. State, 590 So. 2d 25 (Fla. 4th DCA 1991), which is directly on point, and, for the same reason, disagree with Scott v. State, 594 So. 2d 832 (Fla. 4th DCA 1992).1 The distinction drawn by Judge…

Authorities Cited

• Dion v. State, 564 So. 2d 618 (Fla. 4th DCA 1990)
• Smith v. State, 399 So. 2d 70 (Fla. 5th DCA 1981)
• Brannen v. State, 453 So. 2d 428 (Fla. 1st DCA 1984)