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HARRIS v. STATE

No. 1D11-6812.

111 So.3d 922 (2013)

James Alvie HARRIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 3, 2013.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Shannon L. Doheny , Special Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Donna A. Gerace , Assistant Attorney General, Tallahassee, for Appellee.

MARSTILLER, J.

James Alvie Harris ("Appellant") appeals his convictions for felony battery and battery, arguing that they violate double jeopardy. We agree, and reverse the battery conviction.

The State originally charged Appellant with felony battery and domestic battery by strangulation. Count I, charging felony battery, alleged that Appellant

did unlawfully commit battery upon LESLEY M LANG by actually and intentionally touching or striking said...

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