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STATE v. GEE

No. 92-03918.

624 So.2d 284 (1993)

STATE of Florida, Appellant, v. James E. GEE, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 16, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellant.

Angelo M. Ferlita, Ferlita, Nutter & Rosello, P.A., Tampa, for appellee.

PER CURIAM.

In this aggravated battery prosecution, the state appeals the trial court's order granting defendant's motion to dismiss. We reverse.

The facts of this case, as related in defendant's motion, are not in dispute. A crowded barroom confrontation culminated with defendant striking the victim with a single blow to the right side of his face, causing him to fall to the floor. Though the blow itself did not...

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