No. 94-2343.
District Court of Appeal of Florida, Fifth District.
Sept. 22, 1995.
James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A Butterworth, Attorney General, Tallahassee, and Anthony J. Hall, Assistant Attorney General, Daytona Beach, for Appel-lee.
This is an appeal from a cocaine possession conviction. We deem the giving of the “justifiable use of force by an arresting officer” instruction to be error, but harmless. It was error because the efforts to secure the appellant at the point of arrest are immaterial to the issue of whether appellant possessed the cocaine.
AFFIRMED.
ANTOON, J., concurs.
HARRIS, J., concurs in result only.
660 So. 2d 809
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