HUSSEY V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 05-2650

Case Date: 12/26/2007

Preview:Third District Court of Appeal
State of Florida, July Term, A.D. 2007
Opinion filed December 26, 2007. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D05-2650
Lower Tribunal No. 02-25672

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Melvin Lamar Hussey,
Appellant, vs.

The State of Florida,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Bertila Soto, Judge. Bennett H. Brummer, Public Defender, and Maria E. Lauredo, Assistant Public Defender, for appellant. Bill McCollum, Attorney General, and Nicholas Merlin, Assistant Attorney General, for appellee. Before WELLS and LAGOA, JJ., and SCHWARTZ, Senior Judge. SCHWARTZ, Senior Judge. Hussey appeals from convictions and sentences for battery on a law enforcement officer and resisting the officer without violence as a lesser included

offense of resisting with violence, in an incident during a purported Terry stop. We reverse. That the defendant was "crouching" next to a wall on a public street near closed businesses

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