Johnson v. State

DAUKSCH, Judge.

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.