BRYAN v. STATE

No. 4D02-2890.

865 So.2d 677 (2004)

Ricardo BRYAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 18, 2004.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Gary Caldwell, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna M. Hoffmann, Assistant Attorney General, West Palm Beach, for appellee.


MAY, J.

The defendant appeals his conviction and sentence on two counts of aggravated assault on a law enforcement officer. He raises four issues, one of which we find has merit. We reverse in part and remand the case for a reduction in the charges and resentencing.

On the evening of September 10, 2001, Officers Rauch and Good were patrolling an apartment complex as off-duty officers. The officers encountered the defendant loitering in the complex parking...

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