COWART v. STATE

No. 5D02-2164.

860 So.2d 1041 (2003)

Arthur L. COWART, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 5, 2003.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Judy Taylor Rush, Assistant Attorney General, Daytona Beach, for Appellee.


THOMPSON, J.

Arthur L. Cowart appeals an order sentencing him after a probation violation. We reverse.

Cowart was convicted of possession of cocaine and battery on a law enforcement officer. The factual basis for Cowart's plea was that a police officer approached Cowart and asked him what he was doing. When the officer mentioned that Cowart was parked in front of a Firestone store, Cowart, agitated and shouting, replied; "Don't fire, don't kill me," and tackled...

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