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MYERS v. STATE

No. 3D08-2250.

16 So.3d 918 (2009)

Ricky MYERS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 8, 2009.

Attorney(s) appearing for the Case

George M. Evans, Coral Gables, for appellant.

Bill McCollum, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.

Before RAMIREZ, C.J., and WELLS, and SUAREZ, JJ.

PER CURIAM.

Affirmed. See Merritt v. State, 712 So.2d 384, 385 (Fla.1998) (finding that attempted battery on a law enforcement officer is a non-existent crime and ordering that the defendant be resentenced to attempted battery); J.S. v. State, 925 So.2d 438, 438 (Fla. 5th DCA 2006) (ordering resentencing of defendant to attempted battery from the non-existent charged crime of attempted...

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