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AVILA v. STATE

No. 2D11-316.

86 So.3d 511 (2012)

Angel B. AVILA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 30, 2012.

Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Joseph M. Bernstein , Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Timothy A. Freeland , Assistant Attorney General, Tampa, for Appellee.

VILLANTI, Judge.

Angel B. Avila seeks review of his convictions and sentences for one count of sexual battery with a deadly weapon and one count of false imprisonment, raising two issues for review. We affirm on both issues raised; however, we write to address Avila's claim that double jeopardy precluded his conviction for the sexual battery offense.

Avila was charged with sexual battery with a deadly weapon (count 1), aggravated battery with a deadly weapon...

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