BETTINA SIMMONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1989-12-20
No. 88-2424
ERVIN, JOANOS, and BARFIELD, JJ., concur.
554 So. 2d 1199 Florida District Court of Appeal, First District (1989) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We find no merit to the issues raised on appeal except for appellant’s challenge of her two convictions for aggravated battery. A single battery gave rise to two separate charges, one under section 784.045(l)(a) and the other under section 784.045(l)(b), Florida Statutes (1987).

The judgment of the trial court is REVERSED and REMANDED with directions that the trial court vacate one of the convictions for aggravated battery.

ERVIN, JOANOS, and BARFIELD, JJ., concur.


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  • Edwards v. State, 139 So. 3d 981 (Fla. 1st DCA 2014)
    …wards, which we are affirming without further discussion. . Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932). . We note that to support his double jeopardy argument, Edwards cites, without discussion, Simmons v. State, 554 So. 2d 1199 (Fla. 1st DCA 1989), in which this court held that reversal was required where "[a] single battery gave rise to two separate charges, one under section 784.045(1)(a) and the other under section 784.045(1)(b), Florida Statutes (1987).” However, Simmo…

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