WALLACE v. STATE

No. 95-2415.

689 So.2d 1159 (1997)

Charlie WALLACE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Clarification Denied April 9, 1997.


Attorney(s) appearing for the Case

Richard Jorandby, Public Defender, and David McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.


FARMER, Judge.

Both of the issues raised on appeal engage our present attention. Although we affirm the conviction, we write to explain why we have concluded that we are unable to follow precedent from another court of appeal.

The defendant was initially charged with battery on a law enforcement officer, aggravated assault on a law enforcement officer, and aggravated battery. Following jury selection, defendant was granted a continuance to locate witnesses...

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