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LIVOLSI v. STATE

No. 83-1292.

451 So.2d 542 (1984)

Mark Anthony LIVOLSI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 20, 1984.

Attorney(s) appearing for the Case

Dennis J. Rehak, Fort Myers, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

DANAHY, Judge.

This appeal is from an order denying appellant's motion for postconviction relief which was entered after an evidentiary hearing.1 We affirm in part, reverse in part, and remand.

Appellant was charged in count 1 with "battery upon a law enforcement officer, to wit ... a Lee County Animal Control Officer" in violation of section 784.07, Florida Statutes (1981), and in count 2 with "unlawfully, wantonly, or maliciously...

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