STATE v. HARTZOG

No. 90-1231.

575 So.2d 1328 (1991)

STATE of Florida, Appellant, v. Wade HARTZOG, Appellee.

District Court of Appeal of Florida, First District.

February 20, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Bradley R. Bischoff, Asst. Atty. Gen., for appellant.

Barbara M. Linthicum, Public Defender, and Carl McGinnes, Asst. Public Defender, for appellee.


ERVIN, Judge.

The state appeals a post-verdict order granting defendant's motion for directed verdict of acquittal to the charge of battery of a law enforcement officer, reducing the verdict of guilty as charged to the lesser offense of simple battery. We reverse and remand the case with directions to the court to impose judgment and sentence consistent with the verdict returned by the jury.

The victim, Dan Bates, in addition to being a police officer with...

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