DONALD R. FIRTH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DONALD R. FIRTH, APPELLANT,
STATE OF FLORIDA, APPELLEE
43 So. 3d 920
Florida District Court of Appeal, Fifth District (2010)
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Garcia v. State, 769 So. 2d 449 (Fla. 4th DCA 2000)
- Bryant v. State, 769 So. 2d 449 (Fla. 4th DCA 2000)