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Kaigler v. State

District Court of Appeal of Florida, Second District
Jan 31, 2007
947 So. 2d 671 (Fla. Dist. Ct. App. 2007)

Opinion

No. 2D04-5520.

January 31, 2007.

Appeal from the Circuit Court for Pinellas County; Brandt C. Downey, III, Judge.

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


On Remand from the Supreme Court of Florida


This case is before us on remand following the decision of the Florida Supreme Court in Kaigler v. State, 944 So.2d 340 (Fla. 2006), quashing and remanding the decision of this court in this case, Kaigler v. State, 913 So.2d 1254 (Fla. 2d DCA 2005). Pursuant to the holding in Tillman v. State, 934 So.2d 1263 (Fla. 2006), we reverse Kaigler's convictions for resisting an officer without violence and battery on a law enforcement officer and direct the trial court to grant Kaigler's motion to dismiss as to these charges.

Reversed and remanded.

FULMER, C.J., and WHATLEY and CANADY, JJ., Concur.


Summaries of

Kaigler v. State

District Court of Appeal of Florida, Second District
Jan 31, 2007
947 So. 2d 671 (Fla. Dist. Ct. App. 2007)
Case details for

Kaigler v. State

Case Details

Full title:Mark KAIGLER, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jan 31, 2007

Citations

947 So. 2d 671 (Fla. Dist. Ct. App. 2007)