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WEAVER v. STATE

No. 2D04-1006.

916 So.2d 895 (2005)

Gregory Carnell WEAVER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 5, 2006.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Lisa Lott, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.

ALTENBERND, Judge.

Gregory Carnell Weaver appeals a judgment for battery on a law enforcement officer, arguing that the trial court committed fundamental error by instructing the jury that it could convict him of battery by causing bodily harm or by intentional touching, when the information alleged only an intentional touching. This case is controlled by this court's prior opinion in Vega v. State,

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