STATE v. BAGLEY

No. 97-1208.

697 So.2d 1246 (1997)

STATE of Florida, Petitioner, v. Lester W. BAGLEY, Respondent.

District Court of Appeal of Florida, Fifth District.

Order Denying Motion to Withdraw August 22, 1997.


Attorney(s) appearing for the Case

Lawson Lamar, State Attorney, and Eric Dirga, Assistant State Attorney, Orlando, for Petitioner.

Joseph W. DuRocher, Public Defender, and Jeremy K. Markman, Assistant Public Defender, Orlando, for Respondent.


DAUKSCH, Judge.

Petitioner, the State of Florida, seeks certiorari review of an order entered by the circuit court in its appellate capacity. We have jurisdiction. See Fla. R.App. P. 9.030(b)(2)(B).

The respondent, Lester W. Bagley, was charged with simple battery (§ 784.03(1), Fla. Stat. (1995)) after being arrested during a domestic dispute. Bagley's first trial in the county court resulted in a mistrial.

On retrial, police officers testified...

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