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POLITE v. STATE

No. 3D03-2819.

934 So.2d 496 (2005)

Gary Lamar POLITE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 13, 2005.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Carlos F. Gonzalez, Special Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General and Lucretia A. Pitts, Assistant Attorney General, for appellee.

Before GERSTEN and WELLS, JJ, and SCHWARTZ, Senior Judge.

ON MOTION FOR REHEARING

SCHWARTZ, Senior Judge.

We set aside the opinion of August 11, 2004 and substitute the following opinion.

The defendant appeals from a conviction and sentence for resisting arrest with violence. The primary issue at the trial, presented by highly disputed evidence on the question,1 was whether, in resisting a purported arrest by the "victim" Munoz, who was in plain clothes and undercover...

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