ZEHMER, Chief Judge.
Appellant appeals his conviction on two counts of conspiracy. One count charged conspiracy to kidnap to inflict bodily harm contrary to sections 777.04 and 787.01(2), Florida Statutes. The other count charged conspiracy to commit aggravated battery contrary to sections 777.04 and 784.045(1)(a), Florida Statutes. The evidence proved, as the state concedes in its answer brief, that:
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