STATE v. MILO

No. 91-908.

596 So.2d 722 (1992)

STATE of Florida, Appellant, v. Kenneth S. MILO, Appellee.

District Court of Appeal of Florida, Fifth District.

March 20, 1992.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for appellant.

Eric A. Latinsky, Daytona Beach, for appellee.


PER CURIAM.

This case began when appellee Milo asked a convenience store clerk to call the police because his "wife" was mentally ill and was trying to run in front of cars. An officer arrived, and during his efforts to control the situation, a three-way altercation erupted between Milo, the officer, and the alleged wife.

Milo was arrested for battery of a police officer; the wife for resisting arrest. A disinterested witness gave the police a signed, written...

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