Opinion
No. 79-459.
April 29, 1980. Rehearing Denied June 24, 1980.
Appeal from the Circuit Court, Dade County, Joseph Durant, Jr., J.
Janet Reno, State Atty., and Milton Robbins, Asst. State Atty., for appellant.
Bennett H. Brummer, Public Defender, and Karen M. Gottlieb, Asst. Public Defender, for appellee.
Before HUBBART, J., and PEARSON, TILLMAN (Ret.) and CHAPPELL, BILL G., Associate Judges.
The order under review dismissing the two count information in this cause is reversed and the cause remanded to the trial court with directions to reinstate the subject information upon a holding that: (a) count I of the information properly states a crime [under § 843.01, Fla. Stat. (1979)] for resisting an officer, to wit: a Dade County correctional officer, with violence to his person as such officer is akin in Dade County to a deputy sheriff; see Bush v. State, 367 So.2d 273 (Fla. 3d DCA 1979), and (b) count II of the information properly states a crime [under § 784.07, Fla. Stat. (1979)] for battery on a law enforcement officer, to wit: a Dade County correctional officer, as such officer is akin in Dade County to a deputy sheriff. Bush v. State, 367 So.2d 273 (Fla. 3d DCA 1979). The Bush decision upon which we predicate this reversal was rendered subsequent to entry of the order under review and was not, therefore, available to the trial court prior to making its ruling, else, we are confident, the decision reached would undoubtedly have been different.
Reversed and remanded.