FINKLEY v. STATE

No. 4D08-2527.

16 So.3d 329 (2009)

Allen K. FINKLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 16, 2009.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and James W. Mclntire, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.


GERBER, J.

Allen Finkley, the defendant below, appeals his conviction and sentence on four counts: burglary of a dwelling with aggravated battery, robbery with aggravated battery, aggravated battery, and grand theft of an automobile. The defendant argues his conviction for aggravated battery violates double jeopardy because it was subsumed within the greater offenses of burglary with aggravated battery and robbery with aggravated battery. We agree.

"Determining...

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