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MARTINA v. STATE

No. 92-1334.

602 So.2d 1334 (1992)

James Russell MARTINA, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

July 17, 1992.

Attorney(s) appearing for the Case

Frank E. Merrick of Law Offices of Frank E. Merrick, Orlando, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for respondent.

COWART, Judge.

The police report shows that on May 10, 1992, the police responded to a domestic violence complaint and met a "highly emotional and disoriented" wife who stated that her husband, the defendant in this case, "had hit her on the back of the head on May 6, 1992 and wanted to kill her". The husband stated he did not hit her and did not know how the injury occurred and stated that on May 6, 1992, the wife had been drinking Jack Daniels liquor and, while...

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