Florida District Courts of Appeal, 2010

Firth v. State

Firth v. State
Florida District Courts of Appeal · Decided September 10, 2010 · Griffin, Orfinger, Torpy
43 So. 3d 920; 2010 Fla. App. LEXIS 13418; 2010 WL 3515568 (Southern Reporter, Third Series)

Firth v. State

Opinion of the Court

PER CURIAM.

Appellant challenges his convictions for sexual battery with a deadly weapon or physical force, false imprisonment, simple *921battery and assault. He presents several points on appeal, only one of which warrants discussion — whether his convictions for sexual battery with a deadly weapon and simple battery violate double jeopardy. Concluding that the simple battery, a category one lesser-included offense, arose from the same criminal episode as the sexual battery, we vacate the conviction on the simple battery count. Garcia v. State, 769 So.2d 449, 449 (Fla. 4th DCA 2000). We affirm in all other respects.

AFFIRMED IN PART; VACATED IN PART.

GRIFFIN, ORFINGER and TORPY, JJ., concur.

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