Third District Court of Appeal
State of Florida
Opinion filed February 22, 2023.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-788
Lower Tribunal No. F21-17664
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The State of Florida,
Appellant,
vs.
Carlos Estrada,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Richard
Hersch, Judge.
Ashley Moody, Attorney General, and Katryna Santa Cruz, Assistant
Attorney General, for appellant.
Carlos J. Martinez, Public Defender, and Shannon Hemmendinger,
Assistant Public Defender, for appellee.
Before EMAS, SCALES and BOKOR, JJ.
PER CURIAM.
Affirmed. See Johnson v. State,
858 So. 2d 1071, 1072 (Fla. 3d DCA
2003) (“While spitting on a law enforcement officer amounts to an unwanted
touching, it does not amount to the use or threat of use of physical force or
violence.”).
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