Silas v. State

UPCHURCH, Chief Judge.

Charles Silas appeals a conviction for the crimes of battery and battery upon a law enforcement officer in violation of sections 784.03 and 784.07, Florida Statutes (1985).

Officer McGill, who was a policeman with the City of Eatonville Police Department, was dispatched to a domestic disturbance at an address outside the city limits. In the traverse to the motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4), the state alleged that while the location was in fact outside of the city, both the police chief and McGill thought it was within the city. Silas…