THE STATE OF FLORIDA v. CARLOS ESTRADA

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 22, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-788 Lower Tribunal No. F21-17664 ________________

The State of Florida, Appellant,

vs.

Carlos Estrada, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Richard Hersch, Judge.

Ashley Moody, Attorney General, and Katryna Santa Cruz, Assistant Attorney General, for appellant.

Carlos J. Martinez, Public Defender, and Shannon Hemmendinger, Assistant Public Defender, for appellee.

Before EMAS, SCALES and BOKOR, JJ.

PER CURIAM. Affirmed. See Johnson v. State, 858 So. 2d 1071, 1072 (Fla. 3d DCA

2003) (“While spitting on a law enforcement officer amounts to an unwanted

touching, it does not amount to the use or threat of use of physical force or

violence.”).