
    Albert STOUT, Appellant, v. STATE of Florida, Appellee.
    No. 93-0588.
    District Court of Appeal of Florida, Fourth District.
    June 1, 1994.
    Richard L. Jorandby, Public Defender, and Marcy K. Allen, Asst. Public Defender, West Palm Beach, for appellant.
    
      Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.
   PER CURIAM.

Both the judgment and the sentence reflect that appellant was found guilty on Count 4. This is in error, as appellant was found guilty on Count 5. We therefore remand to correct this clerical error. In all other respects we affirm.

AFFIRM; REMAND FOR CORRECTIONS.

ANSTEAD and HERSEY, JJ., concur.

FARMER J., dissents with opinion.

FARMER, Judge,

dissenting.

I would reverse defendant’s conviction for resisting arrest without violence. The trial judge should have granted a judgment of acquittal on that charge. Both officers involved in the matter testified that when defendant left the premises they had never told him that he was a suspect or under investigation or that he was not free to leave and should remain at the scene. In view of that testimony, I am unable to find any basis for the conviction. Otherwise, I agree that there was no error in his trial, and his conviction on the companion charge of battery on a law enforcement officer should remain undisturbed.  