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STATE v. ESPINOSA

No. 87633.

686 So.2d 1345 (1996)

STATE of Florida, Petitioner, v. Richard ESPINOSA, Respondent.

Supreme Court of Florida.

December 26, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Petitioner.

James B. Gibson, Public Defender and Dan D. Hallenberg, Assistant Public Defender, Daytona Beach, for Respondent.

OVERTON, Justice.

We have for review Espinosa v. State, 668 So.2d 1116, 1118 (Fla. 5th DCA 1996), in which the district court reversed Richard Espinosa's conviction for resisting an officer without violence due to insufficient evidence and certified the following question as one of great public importance:

IS RESISTING AN OFFICER WITHOUT VIOLENCE (Section 843.02) A LESSER INCLUDED OFFENSE OF RESISTING WITH VIOLENCE...

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