White v. State

143 So. 3d 1105, 2014 WL 3756359, 2014 Fla. App. LEXIS 11758
Procedural entryThis page is a short order in White v. State. Read the opinion of the Court — 2011 Fla. App. LEXIS 18103
District Court of Appeal of Florida·Decided August 1, 2014·No. No. 5D13-3989·Published

Opinion

PER CURIAM.

Cody Lee White (defendant) appeals his judgment and sentences, alleging that his dual convictions for burglary with a battery enhanced by use of a firearm (count two) and aggravated battery (count five) violate his constitutional protection against double jeopardy. The State concedes error as to this issue. Accordingly, we affirm the defendant’s judgment and sentences, except for those imposed on count five. We vacate the defendant’s conviction and sentence as to that count.

AFFIRMED in part; REVERSED in part; and REMANDED.

SAWAYA, PALMER and LAMBERT, JJ., concur.

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White v. State, 143 So. 3d 1105, 2014 WL 3756359, 2014 Fla. App. LEXIS 11758 (Fla. Ct. App. 2014).

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