ROSADO v. STATE

No. 93-04171.

650 So.2d 681 (1995)

Raphael ROSADO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 17, 1995.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


RYDER, Acting Chief Judge.

Raphael Rosado challenges the trial court's refusal to permit him to raise an insanity defense at his trial on charges of battery and aggravated battery on a law enforcement officer. He argues that the court erred in denying his motion for leave to file a belated notice of intent to rely on the defense. We agree with Rosado, reverse and remand for a new trial.

The state originally charged Rosado with these offenses on June 27, 1989...

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