Jason Altman v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JASON THOMAS ALTMAN, Appellant, v. Case No. 5D12-3472 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed May 24, 2013 Appeal from the Circuit Court for Orange County, Reginald K. Whitehead, Judge. James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. The State properly concedes that Altman s convictions for domestic violence battery1 and battery2 violate double jeopardy. On remand, the trial court is directed to vacate the conviction for simple battery (Count I). AFFIRMED, in part; REVERSED, in part; and REMANDED. SAWAYA, EVANDER and BERGER, JJ., concur. 1 §§ 784.03, 741.28, Fla. Stat. (2011). 2 § 784.03, Fla. Stat. (2011).

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