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STATE v. KIRBY

No. 5D99-2873.

752 So.2d 36 (2000)

STATE of Florida, Petitioner, v. Dallas KIRBY, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 8, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Petitioner.

James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Division, Assistant Public Defender, Daytona Beach, for Respondent.

THOMPSON, J.

This is a petition for writ of certiorari filed by the State of Florida seeking review of a final order rendered by the circuit court of the Seventh Judicial Circuit acting in its appellate capacity. The order reversed the county court's judgment of guilt and sentence for "misdemeanor assault upon a law enforcement officer." We grant the petition, quash the order, and remand because the circuit court departed...

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