Opinion
No. 5D99-2491
Opinion filed June 30, 2000 JANUARY TERM 2000
Appeal from the Circuit Court for Osceola County, Ronald A. Legendre, Acting Circuit Judge.
Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellant.
James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellee.
The facts of this case are identical to those recited in State v. Warren, 755 So.2d 145 (Fla. 1st DCA 2000). On the authority of Warren we affirm the trial court's dismissal of the information against William Rex Haney. We also certify the same issue certified in Warren:
CAN A CONVICTION FOR AGGRAVATED BATTERY SERVE AS A PRIOR CONVICTION FOR BATTERY FOR PURPOSES OF SECTION 784.03(2), FLORIDA STATUTES?
AFFIRMED; QUESTION CERTIFIED.
HARRIS, PETERSON and PLEUS, JJ., concur.