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SWAIN v. STATE

No. 98-03008.

744 So.2d 474 (1999)

Neal William SWAIN, III, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 25, 1999.

Attorney(s) appearing for the Case

Robert J. Fishell, Sarasota, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Stephen D. Ake, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Neal William Swain, III, appeals his judgment and sentence. Swain raises six issues on appeal, one of which merits discussion. Swain alleges that his convictions for both armed burglary with assault or battery and aggravated assault with a firearm constitute double jeopardy. We disagree with Swain's double jeopardy argument because Swain was convicted of armed burglary with a firearm, not armed burglary with assault or battery as charged.

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