JOHNSON v. STATE

No. 98-3168.

744 So.2d 1221 (1999)

Robert JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 10, 1999.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Steven H. Malone, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Leslie T. Campbell, Assistant Attorney General, West Palm Beach, for appellee.


SHAHOOD, J.

Appellant was charged with attempted second degree murder and aggravated battery and was found guilty following a jury trial of battery as a lesser included offense of attempted second degree murder and aggravated battery as charged. The trial court sentenced appellant to a period of incarceration on each of the two charges. We hold that the double jeopardy clause precludes the entry of judgment and sentence as to both charges and reverse with directions...

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