Tyree J. Spratt v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED TYREE JABARI SPRATT, Appellant, v. Case No. 5D14-1245 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 21, 2014 Appeal from the Circuit Court for Orange County, Christi L. Underwood, Judge. James S. Purdy, Public Defender, and Edward J. Weiss, 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. Tyree Jabari Spratt appeals his judgment and sentences, asserting that his convictions for aggravated assault with a firearm and aggravated battery with a firearm violate his rights against double jeopardy, in light of his conviction for attempted burglary of a dwelling with an assault or battery and with a firearm, which arose out of the same criminal episode. The State properly concedes error. Accordingly, we reverse and remand for the trial court to vacate Spratt's convictions for aggravated battery and aggravated assault. REVERSED and REMANDED. PALMER, LAWSON and EVANDER, JJ. concur. 2

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