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BURTON v. STATE

No. 91-00732.

596 So.2d 733 (1992)

Thomas J. BURTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 25, 1992.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Timothy A. Hickey, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Michele Taylor, Asst. Atty. Gen., Tampa, for appellee.

PARKER, Judge.

Thomas J. Burton appeals his conviction for carrying a concealed firearm, raising a double jeopardy argument. We agree with Burton and reverse his conviction for carrying a concealed firearm.

Burton was tried in a bench trial for charges of aggravated battery with a firearm and carrying a concealed firearm. Following the presentation of the state's evidence, the defense moved for a judgment of acquittal...

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