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ESPINOSA v. STATE

No. 95-842.

690 So.2d 656 (1997)

Richard ESPINOSA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 14, 1997.

Attorney(s) appearing for the Case

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

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

ON REMAND FROM THE SUPREME COURT

HARRIS, Judge.

In accordance with the January 17, 1997 Mandate and Instructions of the Florida Supreme Court by opinion filed December 26, 1996, we withdraw our previous opinion, reinstate the appeal in this court, and remand this cause back to the trial court to determine whether the evidence presented at trial was sufficient to convict Espinosa for the greater offense of resisting an officer with violence. The American...

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