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WEAVER v. STATE

No. 2D04-1003.

926 So.2d 397 (2006)

Thomas E. WEAVER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 2, 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 Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.

SALCINES, Judge.

Thomas E. Weaver appeals his conviction for battery on a law enforcement officer. Weaver asserts that the instruction to the jury for the battery charge was fundamentally defective. This case is controlled by this court's opinion reversing the conviction of Gregory Weaver in Weaver v. State, 916 So.2d 895 (Fla. 2d DCA 2005), as well as Vega v. State, 900 So.2d 572

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