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OVERWAY v. STATE

No. 5D99-3456.

783 So.2d 373 (2001)

Timothy OVERWAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 4, 2001.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, Mary G. Jolley, Assistant Attorney General, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

Overway raises two points on this appeal. First he contends there is a double jeopardy violation caused by his two convictions for aggravated child abuse. In our initial decision in this matter (Overway v. State, 718 So.2d 308 (Fla. 5th DCA 1998)), we concluded that no double jeopardy problem existed but reversed one conviction because of an error in the instructions. Upon conviction of this count on retrial, the...

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