WHATLEY v. STATE

No. 96-00802.

679 So.2d 1269 (1996)

Elliot Reno WHATLEY, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

September 20, 1996.


Attorney(s) appearing for the Case

Elliot Reno Whatley, Pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Davis G. Anderson, Jr., Assistant Attorney General, Tampa, for Respondent.


PER CURIAM.

Elliot Reno Whatley's petition for writ of habeas corpus claims ineffective assistance of appellate counsel. It is asserted that counsel should have argued that the prohibition against double jeopardy had been violated when Whatley was convicted of first degree burglary and also convicted of the aggravated battery used to enhance the burglary. Whatley's argument appears to have merit. We grant the petition.

On January 17, 1991, Whatley was charged...

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