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SIMMONS v. STATE

No. 88-2424.

554 So.2d 1199 (1989)

Bettina SIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 2, 1990.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and Michael J. Minerva, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen. and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

We find no merit to the issues raised on appeal except for appellant's challenge of her two convictions for aggravated battery. A single battery gave rise to two separate charges, one under section 784.045(1)(a) and the other under section 784.045(1)(b), Florida Statutes (1987).

The judgment of the trial court is REVERSED and REMANDED with directions that the trial court vacate one of the convictions for aggravated battery.

ERVIN, JOANOS...

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