PHILLIPS v. STATE

No. 5D01-3151.

834 So.2d 272 (2002)

Tommy PHILLIPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 6, 2002.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Marvin F. Clegg, Assistant Public Defender, Daytona Beach, for Appellant.

Richard E. Doran, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.


PLEUS, J.

Tommy Phillips assaulted an elderly man in the restroom of a Hardee's restaurant and tried to steal his wallet. He was convicted, as charged, of attempted robbery and battery upon a person over 65 years of age and sentenced as a Prison Releasee Reoffender ("PRR"). He argues that the trial court erred in rejecting his argument that it was double jeopardy to convict him of both offenses where the battery was committed solely in furtherance of the attempted...

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