District Court of Appeal of Florida April 11, 1997, No. 96-2257 (Merritt v. State)

HARRIS, Judge.

When a officer attempted to arrest Christopher Merritt for striking a woman, Merritt kicked at the officer without making contact. He challenges his conviction for attempted battery on a law enforcement officer, claiming that the offense does not exist. For this proposition, Merritt relies on Fredericks v. State, 675 So.2d 989, 990 (Fla.