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ESTREMERA v. STATE

No. 5D11-3053.

89 So.3d 291 (2012)

Edgardo ESTREMERA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 1, 2012.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Noel A. Pelella , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Bonnie Jean Parrish , Assistant Attorney General, Daytona Beach, for Appellee.

EVANDER, J.

Estremera was convicted, after a jury trial, of burglary, robbery, assault, and petit theft. On appeal, he contends that his convictions for assault and petit theft violate double jeopardy. We agree.

Although Estremera failed to raise these double jeopardy issues below, such claims raise questions of fundamental error that can be raised for the first time on direct appeal. Bailey v. State, 21 So.3d 147

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