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BATES v. STATE

No. 97-4455

721 So.2d 1236 (1998)

Dennis BATES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 21, 1998.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Charmaine M. Millsaps, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In this direct criminal appeal, appellant contends that his convictions of, and sentences for, both misdemeanor battery and felony battery based upon the same act violate the prohibition against double jeopardy. The state properly concedes error. Accordingly, we reverse the conviction of, and sentence for, misdemeanor battery; and we remand with directions that the trial court vacate that conviction and sentence.

REVERSED and REMANDED, with directions...

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