State v. Smith

ON RECONSIDERATION

NORTHCUTT, Judge.

We previously affirmed the dismissal of a felony battery charge against Charles H. Smith, Jr., relying on the First District’s decision in State v. Warren, 755 So.2d 145 (Fla. 1st DCA), review granted, 767 So.2d 461 (Fla.2000), which involved materially identical facts. At that time, Warren was under review by the Florida Supreme Court based on the First District’s certification that its decision presented a question of great public importance. We certified the same question, and the State petitioned the Supreme Court to review our decision as well.…