GANDY v. STATE

No. AQ-316.

440 So.2d 432 (1983)

Joseph Donald GANDY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 21, 1983.


Attorney(s) appearing for the Case

Michael Allen, Public Defender, David J. Busch, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Gregory C. Smith, Asst. Atty. Gen., for appellee.


MILLS, Judge.

Gandy appeals from his conviction for battery on a law enforcement officer. We affirm.

Gandy's defense was voluntary intoxication. He contended that he could not form the requisite specific intent because he was drunk. The only evidence controverting this defense was the testimony of Lee, the victim. Lee was recalled by the prosecution as a rebuttal witness and, to defense counsel's surprise, testified that Gandy did not appear intoxicated when...

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