STATE v. SMITH

No. 2D00-3002.

794 So.2d 651 (2001)

STATE of Florida, Appellant, v. Charles H. SMITH, Jr., Appellee.

District Court of Appeal of Florida, Second District.

June 8, 2001.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Brad Permar, Assistant Public Defender, Bartow, for Appellee.


NORTHCUTT, Judge.

The facts of this case are essentially identical to the facts in State v. Warren, 755 So.2d 145 (Fla. 1st DCA), review granted, 767 So.2d 461 (Fla.2000). We affirm the circuit court's dismissal of the felony battery charge against Smith on the authority of Warren. We also certify the same question certified in Warren:

CAN A CONVICTION FOR AGGRAVATED BATTERY SERVE AS A PRIOR...

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