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SWILLEY v. STATE

No. 5D01-3315.

845 So.2d 930 (2003)

Desmond SWILLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 25, 2003.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee.

PALMER, J.

Desmond Swilley (defendant) appeals his judgments and sentences claiming that two of his five convictions violate his right to be free from double jeopardy.1 Concluding that his convictions on the charges of resisting arrest with violence and resisting arrest without violence violate the double jeopardy clause, we vacate the conviction and sentence on the misdemeanor charge of resisting arrest without violence and remand for...

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