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378 So. 2d 844

Johnson v. State

District Court of Appeal of Florida

Decided December 19, 1979

District Court of Appeal of Florida · decided 1979-12-19

Relies on Hunter v. State

Decided 1979-12-19

PER CURIAM.

¶1The appellant was tried by a jury and convicted of attempted voluntary escape and of committing a battery upon a law enforcement officer in violation of Section 784.07, Florida Statutes (1977). Appellant correctly points out that the victim of the battery was a correctional officer trainee employed by the Escambia County Department of Public Safety and does not fall under the classification of law enforcement officer within the purview of Section 784.-07. See Hunter v. State, 376 So.2d 438 (Fla. 1st DCA 1979).

¶2Reversed and remanded with directions that appellant’s judgment and sentence for violation of Section 784.07, Florida Statutes (1977), be vacated.

ERVIN, SHAW and WENTWORTH, JJ., concur.
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