LAVIN v. STATE

No. 3D99-1771.

754 So.2d 784 (2000)

Rafael LAVIN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 26, 2000.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Frank J. Ingrassia, Assistant Attorney General, for appellee.

Before SHEVIN and RAMIREZ, JJ., and NESBITT, Senior Judge.


RAMIREZ, J.

Rafael Lavin appeals his conviction of aggravated assault and sentence as a habitual violent felony offender to a four-year term of imprisonment. We reverse.

On October 12, 1998, Enrique Ojeda, while driving his car with Ivan Herrera as a passenger, was involved in a traffic altercation with Lavin in an area where Ojeda and Herrera were doing landscape work. Ojeda and Herrera testified at trial that, after exchanging words, Lavin left the scene...

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