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SMITH v. STATE

No. 1D09-2371.

41 So.3d 1041 (2010)

Brian Glen SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 10, 2010.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and G. Kay Witt, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant, Brian Smith, challenges his convictions for sexual battery on a person under 12 years of age and lewd or lascivious molestation of a victim less than 12 years of age. Mr. Smith asserts that because his convictions for sexual battery and lewd or lascivious molestation arise from the same criminal episode and the same criminal act, they violate double jeopardy. The state concedes error. We agree that Mr. Smith's dual convictions violate double...

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