POLITE v. STATE

No. 3D03-2819.

933 So.2d 587 (2006)

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

District Court of Appeal of Florida, Third District.

June 14, 2006.


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 grant the state's motion for rehearing, set aside the opinion of April 13, 2005,1 and substitute the following.

The defendant appeals from a conviction and sentence for resisting an officer with violence under section 843.01, Florida Statutes (2002), which makes it a felony to "knowingly and willfully resist[], obstruct[], or oppose[] any officer . . . by offering...

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