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WESLEY v. STATE

No. 78-1772.

375 So.2d 1093 (1979)

Deborah WESLEY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 13, 1979.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Rory S. Stein, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Anthony C. Musto, Asst. Atty. Gen., for appellee.

Before HENDRY and NESBITT, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

NESBITT, Judge.

Appellant, Deborah Wesley, was charged by information in the Circuit Court of the Sixteenth Judicial Circuit with two counts of assault upon a law enforcement officer. The material allegation of the information herein charges that:

Deborah Wesley ... did then and there unlawfully commit battery upon PTL. GEORGE CABANAS, of the Key West Police Department, while said officer was in the lawful performance...

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