BARKLEY v. STATE

No. BR-338.

522 So.2d 431 (1988)

Tom BARKLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 10, 1988.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Pamela D. Presnell, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Henri C. Cawthon, Bradford L. Thomas, Asst. Attys. Gen., Tallahassee, for appellee.


SHIVERS, Judge.

The appellant, Tom Barkley, appeals a judgment and sentence imposed for battery of a law enforcement officer, escape, and two counts of resisting without violence. We affirm the judgment, but reverse and remand for resentencing.

The record on appeal indicates that Officer Michael Lynch of the Gainesville Police Department was on patrol at 9:00 p.m. on May 1, 1986 when he observed appellant and another...

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