DIAZ v. STATE

No. 91-1842.

597 So.2d 368 (1992)

Jorge DIAZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 14, 1992.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Leslie Schreiber, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and BASKIN, JJ.


SCHWARTZ, Chief Judge.

Diaz appeals from a conviction and sentence for battery on a law enforcement officer, as a lesser offense of the charged crime of aggravated battery on a law enforcement officer. We reverse for a new trial because of the erroneous exclusion of pertinent evidence.

The case arose out of a melee at the Dade County Jail involving Diaz, then a prisoner, and several corrections officers. The state contended that Diaz unjustifiably struck Corporal...

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