GARCIA v. STATE

Nos. 4D99-2065, 4D99-2067.

769 So.2d 449 (2000)

Carlos GARCIA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 4, 2000.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Gary Caldwell, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, C.J.

In challenging his convictions and sentences for sexual battery and simple battery as a lesser included offense of burglary with a battery, appellant raises two trial issues and challenges his dual convictions and sentences as a violation of double jeopardy. While we find no reversible error in the trial, we conclude that because there was one continuous offense in this case, and the battery was not separate from the sexual battery, double jeopardy prohibits...

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