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WHITBY v. STATE

No. 3D04-1770.

933 So.2d 557 (2006)

Edgar Sylvester WHITBY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 15, 2006.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Shannon P. McKenna, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Valentina M. Tejera, Assistant Attorney General, for appellee.

Before GERSTEN, SHEPHERD, and ROTHENBERG, JJ.

ROTHENBERG, Judge.

The defendant, Edgar Sylvester Whitby, appeals his conviction for battery. As we are constrained by this court's opinions in Alsopp v. State, 855 So.2d 695 (Fla. 3d DCA 2003), and Pickett v. State, 922 So.2d 987 (Fla. 3d DCA 2005), we reverse.

The defendant was charged with aggravated battery by knowingly or intentionally causing permanent disfigurement...

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