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McDANIEL v. STATE

No. 2D08-4144.

24 So.3d 654 (2009)

Harold McDANIEL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 11, 2009.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and J.L. Perez, Special Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Tonja Rene Vickers and Danilo Cruz-Carino, Assistant Attorneys General, Tampa, for Appellee.

MORRIS, Judge.

Harold McDaniel appeals his conviction entered after a jury trial for aggravated battery with a deadly weapon. We reverse McDaniel's conviction and remand for further proceedings consistent with this opinion.

Prior to trial, McDaniel filed a motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(b). He claimed in his motion that he is immune from criminal prosecution pursuant to section 776.032(1), Florida Statutes (2007), because...

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