ATKINS v. STATE

No. 98-1663.

732 So.2d 1167 (1999)

Archie ATKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 4, 1999.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James Whitehouse, Assistant Public Defender, Daytona Beach, for Appellant.

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


GRIFFIN, C.J.

Appellant, Archie Atkins, complains on appeal of the revocation of his probation based on his conviction of new substantive offenses. He also complains of his conviction of one of those substantive offenses—attempted aggravated battery on a law enforcement officer. As to the first issue, we find no error. The latter is, on the other hand, reviewable error as the crime of which he was convicted does not exist. Merritt v. State,

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