District Court of Appeal of Florida February 12, 2009, 1D07-4109 (Leonard v. State)

HAWKES, C.J.

We agree with the parties that because the knowledge element for the charge of resisting arrest without -violence was disputed at trial, the trial court committed fundamental error by failing to instruct the jury on that element.

See Harris v. State,

935 So.2d 1259, 1262 (Fla.