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BARTON v. STATE

No. 85-1179.

507 So.2d 638 (1987)

Stanley James BARTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 20, 1987.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

EN BANC

PER CURIAM.

Stanley Barton was convicted of attempted manslaughter, aggravated battery, and the use of a weapon while committing a felony for the act of cutting his victim across the neck with a single swipe of a hawk-billed knife.2 Barton appeals, contending that dual convictions for attempted manslaughter and aggravated battery violate his constitutional protection against double jeopardy. The weapon conviction is not on appeal. While...

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