
    Sammie MILLER, a/k/a “Little Sammie”, Appellant, v. STATE of Florida, Appellee.
    No. 69-105.
    District Court of Appeal of Florida. Fourth District.
    Jan. 30, 1970.
    
      Philip S. Shailer, Public Defender, Fort Lauderdale, for appellant.
    Earl Faircloth, Atty. Gen., Tallahassee, and J. Terrell Williams, Asst. Atty. Gen., West Palm Beach, for appellee.
   PER CURIAM.

Appellant’s sole point argued on the appeal is that his arrest for a misdemeanor, having been made without a warrant, was unlawful and thereby justified appellant in the use of violence in resisting such arrest. This point must be decided adversely to appellant because there is in the record substantial competent evidence to support the trial court’s finding that appellant was lawfully arrested on fresh pursuit after committing the misdemeanor of reckless driving in the presence of the arresting officer. Crum v. State, Fla.App.1965, 172 So.2d 24. F.S.1967, Section 901.15(1), F.S.A.

Affirmed.

OWEN, J., and ADAMS, ALTO, Associate Judge, concur.

McCAIN, J., dissents, with opinion.

McCAIN, Judge

(dissenting):

Under Calloway Brown v. State, 232 So.2d 55, Fourth District Court of Appeal October 22, 1969, and Adams v. Elliott, 1937, 128 Fla. 79, 174 So. 731, the instant offense being a misdemeanor, I would transfer this appeal to the circuit court for Broward County, Florida.  