Bates v. State
721 So. 2d 1236, 1998 Fla. App. LEXIS 15978, 1998 WL 883057
District Court of Appeal of Florida·Decided December 21, 1998·No. No. 97-4455·Published·Cited by 1 cases
Opinion
In this direct criminal appeal, appellant contends that his convictions of, and sentences for, both misdemeanor battery and felony battery based upon the same act violate the prohibition against double jeopardy. The state properly concedes error. Accordingly, we reverse the conviction of, and sentence for, misdemeanor battery; and we remand with directions that the trial court vacate that conviction and sentence.
REVERSED and REMANDED, with directions.
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Bates v. State, 721 So. 2d 1236, 1998 Fla. App. LEXIS 15978, 1998 WL 883057 (Fla. Ct. App. 1998).
721 So. 2d 1236 (Bates v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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