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STATE v. WILLIAMS

No. 64618.

465 So.2d 1229 (1985)

STATE of Florida, Petitioner, v. Larry WILLIAMS, Respondent.

Supreme Court of Florida.

March 14, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., Tallahassee, for petitioner.

Michael E. Allen, Public Defender and Paula S. Saunders, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondent.

ADKINS, Justice.

We have for review Williams v. State, 440 So.2d 404 (Fla. 1st DCA 1983), which directly conflicts with Lusk v. State, 446 So.2d 1038 (Fla.), cert. denied, ___ U.S. ___, 105 S.Ct. 229, 83 L.Ed.2d 158 (1984). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Williams was tried by a jury and convicted of battery of a correctional officer. The...

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