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SCHWENN v. STATE

No. 4D03-2171.

898 So.2d 1130 (2005)

Jeffry SCHWENN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 30, 2005.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Helene Hvizd Morris, Special Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M. La France, Assistant Attorney General, West Palm Beach, for appellee.

WARNER, J.

Appellant was convicted of eight counts of armed sexual battery, one count of burglary with a battery, one count of false imprisonment, and one count of battery. His main contention on appeal is that the eight sexual battery charges violate double jeopardy because there was no spatial or temporal break between the acts alleged in the counts. We disagree because appellant committed different acts of sexual battery that were distinct from one another and...

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