Donald Firth v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2010 DONALD R. FIRTH, Appellant, v. Case No. 5D09-2114 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed September 10, 2010 Appeal from the Circuit Court for Orange County, Jenifer M. Davis, Judge. James S. Purdy, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Appellant challenges his convictions for sexual battery with a deadly weapon or physical force, false imprisonment, simple battery and assault. He presents several points on appeal, only one of which warrants discussion whether his convictions for sexual battery with a deadly weapon and simple battery violate double jeopardy. Concluding that the simple battery, a category one lesser-included offense, arose from the same criminal episode as the sexual battery, we vacate the conviction on the simple battery count. Garcia v. State, 769 So. 2d 449, 449 (Fla. 4th DCA 2000). We affirm in all other respects. AFFIRMED IN PART; VACATED IN PART. GRIFFIN, ORFINGER and TORPY, JJ., concur. 2

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