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MENDEZ v. STATE

No. 98-4181.

739 So.2d 747 (1999)

Adoniram Rafel MENDEZ a/k/a Osvaldo Rafael Mendez, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 22, 1999.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Dana M. Drukker, Assistant Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General; Allison Leigh Morris, Assistant Attorney General, Tallahassee, for appellee.

WOLF, J.

We find that the trial court erred in adjudicating appellant guilty of attempted aggravated assault on a law enforcement officer. In Fredericks v. State, 675 So.2d 989 (Fla. 1st DCA 1996), we held that section 784.07(2), Florida Statutes, which enhances the penalty for aggravated assault when it is inflicted on a law enforcement officer, does not apply to attempted aggravated assault on a law enforcement officer...

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