State v. Gavin

District Court of Appeal of Florida

State v. Gavin

389 So. 2d 338, 1980 Fla. App. LEXIS 17434

CourtDistrict Court of Appeal of Florida

DecidedOctober 22, 1980

DocketNo. 80-100

StatusPublished

Cited by1 cases

This text of 389 So. 2d 338 (State v. Gavin) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Gavin, 389 So. 2d 338, 1980 Fla. App. LEXIS 17434 (Fla. Ct. App. 1980).

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Opinion

LETTS, Chief Judge.

We are concerned here with a trial judge’s dismissal of an information which charged the defendant with battery upon a law enforcement officer while engaged in the lawful performance of his duties contrary to Section 784.07(2)(b), Florida Statutes (1977). We reverse.

The stated reason for the dismissal was the failure of the information to allege with specificity the lawful duties which the officer was performing. We find this ruling to be in error under the law laid down by our Supreme Court in Street v. State, 383 So.2d 900 (Fla.1980), a decision rendered after the trial judges’ ruling.

REVERSED AND REMANDED IN ACCORDANCE HEREWITH.

ANSTEAD and HURLEY, JJ., concur.

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