SMITH v. STATE

No. 5D02-2068.

838 So.2d 656 (2003)

George Wesley SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 28, 2003.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Attorney General, Tallahassee, and Patrick W. Krechowski, Assistant Attorney General, Daytona Beach, for Appellee.


TORPY, J.

Appellant was convicted of battery (Count I), two counts of resisting an officer without violence (Counts IV and V), one count of resisting an officer with violence (Count II) and one count of attempting to deprive an officer of his weapon (Count VI).

Appellant's first point on appeal is that the convictions for resisting an officer with violence and two counts of resisting an officer without violence violate double jeopardy principles because they...

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