BRYANT v. STATE

No. 4D99-2533.

789 So.2d 1042 (2001)

Tanya BRYANT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 3, 2001.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robert R. Wheeler, Assistant Attorney General, West Palm Beach, for appellee.


FARMER, J.

In this case where the state charged defendant with aggravated battery on a law enforcement officer (LEO) for driving a vehicle into him, the jury returned a verdict on the lesser included offense of simple battery on a LEO. Still, defendant argues that there was not enough evidence for the charge to go to the jury. Her theory is that the LEO initiated the contact with the vehicle, so it cannot be thought unconsented. We disagree.

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