Griffis v. State
This text of 163 So. 3d 1256 (Griffis 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.
Opinion
Riley Griffis, Jr., appeals convictions and sentences on two counts of aggravated battery (one for aggravated battery with a deadly weapon and one for aggravated battery causing great bodily harm) stemming from a single criminal episode. See §§ 784.045(l)(a)2.; 784.045(1)(a)1., Fla. Stat. (2012). The state properly concedes that one of the two convictions must be vacated, as the dual convictions constitute a violation of his constitutional protection against double jeopardy. See Icon v. State, 44 So.3d 660, 660 (Fla. 5th DCA [1257]*12572010); Cook v. State, 813 So.2d 1010, 1012 (Fla. 1st DCA 2002); Maxwell v. State, 803 So.2d 815, 820 (Fla. 5th DCA 2001). We reverse and remand to the trial court with directions that the court vacate the conviction and sentence for one of the two counts.
Affirmed in part, reversed in part, and remanded.
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163 So. 3d 1256, 2015 Fla. App. LEXIS 7502, 2015 WL 2375274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffis-v-state-fladistctapp-2015.