Bates v. State

Florida District Courts of Appeal
Bates v. State, 721 So. 2d 1236 (1998)
1998 Fla. App. LEXIS 15978; 1998 WL 883057
Lawrence, Webster, Wolf

Bates v. State

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.

Reference

Full Case Name
Dennis BATES v. STATE of Florida
Cited By
1 case
Status
Published