Livolsi v. State

DANAHY, Judge.

This appeal is from an order denying appellant’s motion for postconviction relief which was entered after an evidentiary hearing.1 We affirm in part, reverse in part, and remand.

Appellant was charged in count 1 with “battery upon a law enforcement officer, to wit ... a Lee County Animal Control Officer” in violation of section 784.07, Florida Statutes (1981), and in count 2 with “unlawfully, wantonly, or maliciously shoot[ing]/t-hrowpng] a glass bottle at, within or into a public vehicle located at ... which was then and there being used or occupied by a person(s)” in violation…