Home/District Court of Appeal of Florida/Bates v. State

Bates v. State

721 So. 2d 1236, 1998 Fla. App. LEXIS 15978, 1998 WL 883057
CourtDistrict Court of Appeal of Florida
DecidedDecember 21, 1998
DocketNo. 97-4455
StatusPublished
Cited by1 cases

This text of 721 So. 2d 1236 (Bates v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bates v. State, 721 So. 2d 1236, 1998 Fla. App. LEXIS 15978, 1998 WL 883057 (Fla. Ct. App. 1998).

Opinion

PER CURIAM.

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.

WOLF, WEBSTER and LAWRENCE, JJ. Concur.

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Bluebook (online)
721 So. 2d 1236, 1998 Fla. App. LEXIS 15978, 1998 WL 883057, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bates-v-state-fladistctapp-1998.