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SMITH v. STATE

No. 2D07-5823.

19 So.3d 417 (2009)

Harry William SMITH, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 30, 2009.

Attorney(s) appearing for the Case

Harry Williams Smith, pro se.

Bill McCollum, Attorney General, Tallahassee, and Dale Tarpley, Assistant Attorney General, Tampa, for Respondent.

DAVIS, Judge.

Harry William Smith, in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c), alleges that his appellate counsel was ineffective in failing to argue that his convictions for battery on a person sixty-five years of age or older1 and felony battery as a second offense2 violated the proscription against double jeopardy because both offenses arose from a single episode in which...

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