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WARTHEN v. STATE

No. 4D05-4847.

988 So.2d 154 (2008)

Dexter WARTHEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 6, 2008.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Diane F. Medley, Assistant Attorney General, West Palm Beach, for appellee.

DAMOORGIAN, J.

Dexter Warthen ("Warthen") appeals his convictions and sentences for two counts of misdemeanor battery. In response, the state cross-appeals on the grounds that the trial court erred by dismissing Warthen's felony battery charges and adjudicating Warthen guilty of the lesser included offenses of battery (an element of felony battery) after a jury found him guilty of those charges. We affirm on all grounds and write only to address the state's cross...

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