Florida District Courts of Appeal, 1998

Bates v. State

Florida District Courts of Appeal · Decided December 21, 1998 · Lawrence, Webster, Wolf

721 So. 2d 1236; 1998 Fla. App. LEXIS 15978; 1998 WL 883057 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Hott Interiors, Inc. v. Fostock (Fla. Dist. Ct. App. 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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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