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BARNHILL v. STATE

No. 83-1399.

471 So.2d 160 (1985)

Arthur BARNHILL, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 13, 1985.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Christopher S. Quarles, Assistant Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Justice.

Barnhill argues on appeal that his convictions for attempted robbery1 and aggravated battery with a deadly weapon2 violate his constitutional double jeopardy rights3 because the act which constituted the aggravated battery was part of the "overt act" which necessarily formed the factual basis for the attempted armed robbery offense. We disagree in this case and affirm...

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