State v. Bagley

DAUKSCH, Judge.

Petitioner, the State of Florida, seeks cer-tiorari review of an order entered by the circuit court in its appellate capacity. We have jurisdiction. See Fla. RApp. P. 9.030(b)(2)(B).

The respondent, Lester W. Bagley, was charged with simple battery (§ 784.03(1), Fla. Stat. (1995)) after being arrested during a domestic dispute. Bagley’s first trial in the county court resulted in a mistrial.

On retrial, police officers testified that they responded to a 911 call placed by the victim, Christy Williams. Williams was crying and upset with severe swelling on the side of her face. She…