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HAYNES v. STATE

No. 4D01-3705.

828 So.2d 457 (2002)

Alvin HAYNES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 16, 2002.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, Jeffrey Anderson and Samuel A. Walker, Assistant Public Defenders, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's convictions except for appellant's conviction for simple battery. Because appellant was convicted of battery of a law enforcement officer as a result of the very same act on which the simple battery conviction is based, the two convictions violate double jeopardy. Giles v. State, 763 So.2d 1178 (Fla. 4th DCA 2000). We disagree with the state's argument that appellant waived this issue by...

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