Smith v. State

SALCINES, Judge.

David Lee Smith appeals his conviction for disorderly conduct and the consecutive habitual felony offender sentences imposed for two counts of battery on a law enforcement officer.1 We affirm in part, reverse in part, and remand for resentencing.

The events leading to Smith’s convictions commenced on April 21, 2004, when he visited a bank in order to secure a Small Business Administration Loan. Smith was informed by the assistant bank manager that in order to qualify for such a loan it was necessary that he have an existing business. In response, Smith began to use profanity…