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SHAW v. STATE

No. 84-269.

466 So.2d 1245 (1985)

Evon SHAW, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

April 11, 1985.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant, cross-appellee.

Jim Smith, Atty. Gen., Tallahassee, and Gary W. Tinsley, Asst. Atty. Gen., Daytona Beach, for appellee, cross-appellant.

PER CURIAM.

AFFIRMED.

DAUKSCH and SHARP, JJ., concur.

COWART, J., concurs specially with opinion.

COWART, Judge, concurring specially.

Shaw, who was convicted of and sentenced for the offense of burglary with assault (§ 810.02(2)(a), Fla. Stat. (1981)) and of the offense of battery (§ 784.03(1), Fla. Stat. (1981)), contends that his convictions for both offenses violate his constitutional double jeopardy rights, citing

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