GRAHAM v. STATE

No. 3D03-2955.

933 So.2d 1 (2006)

William W. GRAHAM, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 8, 2006.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellee.

Before FLETCHER, WELLS, and SUAREZ, JJ.


ON MOTION FOR REHEARING GRANTED

PER CURIAM.

William W. Graham seeks rehearing of this court's opinion issued on September 21, 2005. We grant rehearing, withdraw our previous opinion and substitute the following opinion in its place.

This court has previously held that the offense of battery on a law enforcement officer does not necessarily involve the use or threat of use of physical force or violence...

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