State v. Kirby

This is a petition for writ of certiorari filed by the State of Florida seeking review of a final order rendered by the circuit court of the Seventh Judicial Circuit acting in its appellate capacity. The order reversed the county court’s judgment of guilt and sentence for “misdemeanor assault upon a law enforcement officer.” We grant the petition, quash the order, and *37remand because the circuit court departed from the essential requirements of law. Haines City Community Development v. Heggs, 658 So.2d 523 (Fla.1995).

The police were called to Dallas Kirby’s home to investigate a domestic…