McClora v. State

District Court of Appeal of Florida

McClora v. State

731 So. 2d 59, 1999 Fla. App. LEXIS 3851, 1999 WL 162494

CourtDistrict Court of Appeal of Florida

DecidedMarch 26, 1999

DocketNo. 97-03189

StatusPublished

This text of 731 So. 2d 59 (McClora 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

McClora v. State, 731 So. 2d 59, 1999 Fla. App. LEXIS 3851, 1999 WL 162494 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Benjamin McClora appeals his conviction for kidnaping, aggravated battery and battery. McClora argues, and the State concedes, that on the facts of this case, McClora may not be convicted of both battery and aggravated battery because these charges arose out of acts which took place during a single altercation. Thus, the battery offense is subsumed by the greater offense of aggravated battery. See § 775.021(4), Fla. Stat. (Supp.1996); Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932).

Accordingly, we reverse and remand with directions that the battery conviction be vacated. The defendant need not be present.

FULMER, A.C.J., and WHATLEY and NORTHCUTT, JJ., Concur.

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PER CURIAM.

Benjamin McClora appeals his conviction for kidnaping, aggravated battery and battery. McClora argues, and the State concedes, that on the facts of this case, McClora may not be convicted of both battery and aggravated battery because these charges arose out of acts which took place during a single altercation. Thus, the battery offense is subsumed by the greater offense of aggravated battery. See § 775.021(4), Fla. Stat. (Supp.1996); Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932).

Accordingly, we reverse and remand with directions that the battery conviction be vacated. The defendant need not be present.

FULMER, A.C.J., and WHATLEY and NORTHCUTT, JJ., Concur.

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731 So. 2d 59, 1999 Fla. App. LEXIS 3851, 1999 WL 162494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclora-v-state-fladistctapp-1999.

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