Kaigler v. State
MARK KAIGLER, Appellant, v. STATE OF FLORIDA, Appellee.
Case No. 2D04-5520
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT
January 31, 2007, Opinion Filed
NOTICE: [*1] NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
PRIOR HISTORY: Appeal from the Circuit Court for Pinellas County; Brandt C. Downey, III, Judge. Kaigler v. State, 2006 Fla. LEXIS 2769 (Fla., Nov. 22, 2006)
DISPOSITION: Reversed and remanded.
COUNSEL: James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.
Bill McCollum, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.
JUDGES: FULMER, C.J., and WHATLEY and CANADY, JJ., Concur.
OPINION: On Remand from the Supreme Court of Florida
PER CURIAM.
This case is before us on remand following the decision of the Florida Supreme Court in Kaigler v. State, 2006 Fla. LEXIS 2769, 31 Fla. L. Weekly S810 (Fla. Nov. 22, 2006), quashing and remanding the decision of this court in this case, Kaigler v. State, 913 So. 2d 1254 (Fla. 2d DCA 2005). Pursuant to the holding in Tillman v. State, 934 So. 2d 1263 (Fla. 2006), we reverse Kaigler’s convictions for resisting an officer without violence and battery on a law enforcement officer and direct the trial court to grant Kaigler’s motion to dismiss as to these charges.
Reversed and remanded.
FULMER, [*2] C.J., and WHATLEY and CANADY, JJ., Concur.