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VIRGIL v. STATE

No. 5D04-1130.

894 So.2d 1053 (2005)

Willie Joyce VIRGIL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 3, 2005.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Brynn Newton, 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.

PLEUS, J.

We affirm Virgil's convictions for aggravated battery and aggravated assault, finding no double jeopardy violation. See Casselman v. State, 761 So.2d 482 (Fla. 5th DCA 2000) (finding single episode in which defendant struck victim and then attempted to hit him sufficient to sustain charges of assault and battery). We reverse the court's restitution order, however, as the State correctly concedes that the trial court...

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