SULLIVAN v. STATE

No. 2D03-5063.

898 So.2d 105 (2005)

John Joseph SULLIVAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 8, 2005.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Jean-Jacques A. Darius, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.


WALLACE, Judge.

John Joseph Sullivan appeals the judgment and three-year mandatory minimum sentence imposed on him for committing an aggravated assault on a law enforcement officer. Because the State failed to present sufficient evidence that the officer had a well-founded fear that violence was imminent, we reverse Sullivan's judgment and sentence.

The Facts

Sullivan spent the last few days of 2002 on a crack cocaine binge. In the early morning...

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