District Court of Appeal of Florida January 9, 2002, No. 2D00-3002 (State v. Smith)

ON RECONSIDERATION

NORTHCUTT, Judge.

We previously affirmed the dismissal of a felony battery charge against Charles H. Smith, Jr., relying on the First District’s decision in State v. Warren, 755 So.2d 145 (Fla. 1st DCA), review granted, 767 So.2d 461 (Fla.2000), which involved materially identical facts.