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MERRITT v. STATE

No. 96-2257.

691 So.2d 62 (1997)

Christopher MERRITT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 11, 1997.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Stephanie H. Park, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, Judge.

When a officer attempted to arrest Christopher Merritt for striking a woman, Merritt kicked at the officer without making contact. He challenges his conviction for attempted battery on a law enforcement officer, claiming that the offense does not exist. For this proposition, Merritt relies on Fredericks v. State, 675 So.2d 989, 990 (Fla. 1st DCA 1996), in which the court stated:

Section 784.07, Florida...

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