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PHILLIPS v. STATE

No. AK-160.

422 So.2d 968 (1982)

Virginia Louise PHILLIPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 22, 1982.

Attorney(s) appearing for the Case

Michael Allen, Public Defender, Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., David P. Gauldin, Asst. Atty. Gen., Tallahassee, for appellee.

ROBERT P. SMITH, Jr., Chief Judge.

In this prosecution for appellant's battery upon a police officer, aggravated battery, and resisting arrest with violence, the trial court did not err in excluding proffered expert testimony concerning the mental condition of an alcoholic in a "black-out" state due to intoxication. The admissibility of such evidence absent an insanity plea is doubtful, Zeigler v. State,

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