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McPHEE v. STATE

No. 87-2139.

537 So.2d 698 (1989)

John Leon McPHEE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 1, 1989.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Deborah Guller, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant was convicted of burglary of a dwelling with aggravated battery (Count I) and aggravated battery (Count II). We reverse and remand with directions to vacate appellant's aggravated battery conviction (Count II). See Previlion v. State, 500 So.2d 716 (Fla. 4th DCA 1987).

HERSEY, C.J., and DOWNEY and ANSTEAD...

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