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ROBERTS v. STATE

No. 80-1103.

400 So.2d 475 (1981)

James J. ROBERTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

On Rehearing May 20, 1981.

Attorney(s) appearing for the Case

James J. Roberts, pro se.

Jim Smith, Atty. Gen., Tallahassee, and Barbara Ann Butler, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

Appellant's contention that he could not be sentenced separately for one count of shooting into an occupied vehicle and two counts of aggravated battery all arising out of the same incident lacks merit. The battery counts involved different persons, and one need not commit an aggravated battery in order to commit the offense of shooting into an occupied vehicle. See Barlow v. State,

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