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VEGA v. STATE

No. 2D03-5024.

900 So.2d 572 (2004)

Geronimo VEGA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 9, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Deena DeGenova, Assistant Attorney General, Tampa, for Appellee.

STRINGER, Judge.

Geronimo Vega was adjudicated guilty and sentenced, following a jury trial, for battery on a law enforcement officer and resisting arrest with violence. Because the jury instructions given on the offense of battery on a law enforcement officer constitute fundamental, reversible error, as conceded by the State, we reverse Vega's conviction and sentence for battery on a law enforcement officer and remand for a new trial on that charge. We affirm without...

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