M.T., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1997-10-08
No. 97-561
Before NESBITT, COPE and GODERICH, JJ.
699 So. 2d 349 Florida District Court of Appeal, Third District (1997) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

On Confession of Error

PER CURIAM.

M.T., a juvenile, appeals his conviction for two counts of battery in connection with an incident in which he pushed the victim, struck him and then swung an object at him, all in rapid succession.

The State has correctly conceded error in the imposition of two convictions under those circumstances. See Laines v. State, 662 So. 2d 1248, 1249 (Fla. 3d DCA 1995), receded from on other grounds, Grene v. State, 21 Fla. L. Weekly D1145, — So. 2d -, 1996 WL 252248 (Fla. 3d DCA May 15, 1996).

In light of the confession of error, we reverse and remand for vacation of one of the battery convictions.

Reversed and remanded.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Salazar v. State, 892 So. 2d 545 (Fla. 3d DCA 2005)
    …, 511-12 (Fla. 3d DCA 1997) (en banc). The State concedes that count three, battery, is subsumed within count one, aggravated battery with a firearm. Thus, the conviction and sentence on count three must be vacated. See id.; see also M.T. v. State, 699 So. 2d 349 (Fla. 3d DCA 1997); Laines v. State, 662 So. 2d 1248, 1249 (Fla. 3d DCA 1995), receded from on other grounds, Grene v. State, 702 So. 2d at 511— 12. As to the foregoing issues, we remand for correction of the judgment and sentencing orders. The def…
  • Ferney Zapata v. State, 905 So. 2d 944 (Fla. 3d DCA 2005)
    …d battery as a lesser included offense of battery with a deadly weapon where the episode giving rise to the convictions occurred against the same victim, in the same location, and within the course of one continuous episode); see also M.T. v. State, 699 So. 2d 349, 349 (Fla. 3d DCA 1997)(Court found that defendant’s action was a single incident episode where defendant pushed, struck, and swung an object at victim.). Accordingly, we reverse defendant’s aggravated battery with a deadly weapon conviction, the w…

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