ROY LEE ICON, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROY LEE ICON, III, APPELLANT,
STATE OF FLORIDA, APPELLEE
44 So. 3d 660
Florida District Court of Appeal, Fifth District (2010)
Positive Treatment
Cited by 1 case
Opinion of the Court
Roy Lee Icon, III appeals his convictions of two counts of aggravated battery and one count of robbery with a firearm. Icon contends that convicting him of two counts of aggravated battery for a single act against a single victim violates double jeopardy principles. The State properly concedes error. Accordingly, we vacate one of Icon’s aggravated battery convictions. We find no merit in the other issues raised by Icon and affirm his other conviction of aggravated battery and robbery with a firearm.
AFFIRMED in part; REVERSED in part; and REMANDED.
SAWAYA, PALMER and ORFINGER, JJ., concur.
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Riley Leonard Griffis, Jr. v. State, 163 So. 3d 1256 (Fla. 1st DCA 2015)…045(l)(a)2.; 784.045(1)(a)1., Fla. Stat. (2012). The state properly concedes that one of the two convictions must be vacated, as the dual convictions constitute a violation of his constitutional protection against double jeopardy. See Icon v. State, 44 So. 3d 660, 660 (Fla. 5th DCA [*1257] 2010); Cook v. State, 813 So. 2d 1010, 1012 (Fla. 1st DCA 2002); Maxwell v. State, 803 So. 2d 815, 820 (Fla. 5th DCA 2001). We reverse and remand to the trial court with directions that the court vacate the conviction and…