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HALL v. STATE

No. 88-1765.

549 So.2d 758 (1989)

Bennie HALL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 3, 1989.

Attorney(s) appearing for the Case

Randy S. Maultasch, Arthur Joel Berger, for appellant.

Robert A. Butterworth, Atty. Gen., and Ivy R. Ginsberg, Asst. Atty. Gen., for appellee.

Before BASKIN, FERGUSON and JORGENSON, JJ.

PER CURIAM.

Bennie Hall appeals his convictions and sentences for battery and for two counts of robbery. We reverse in part and affirm in part.

Hall contests the battery conviction on the ground that battery is a lesser included offense of the crime of robbery. In this case, the battery occurred contemporaneously with the robbery and formed one of its elements. McCloud v. State, 335 So.2d 257 (Fla. 1976); Montsdoca...

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