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STATE v. SMITH

No. 2D00-3002.

802 So.2d 1219 (2002)

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

District Court of Appeal of Florida, Second District.

January 9, 2002.

Attorney(s) appearing for the Case

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

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

ON RECONSIDERATION

NORTHCUTT, Judge.

We previously affirmed the dismissal of a felony battery charge against Charles H. Smith, Jr., relying on the First District's decision in State v. Warren, 755 So.2d 145 (Fla. 1st DCA), review granted, 767 So.2d 461 (Fla.2000), which involved materially identical facts. At that time, Warren was under review by the Florida Supreme Court based on the First District...

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