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SMITH v. STATE

No. 96-02835.

714 So.2d 1152 (1998)

Xavier SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 24, 1998.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Frank D.L. Winstead, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Tampa, for Appellee.

PARKER, Chief Judge.

Xavier Smith appeals the judgment adjudicating him guilty of battery of a law enforcement officer and resisting an officer with violence, and the corresponding sentence. We reverse the sentence and strike the investigative cost assessment.1 We affirm on all other issues raised by Smith.

Smith was sentenced to thirty-seven months in prison on each count to run concurrently. This sentence represented the maximum...

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