Vilson Tales 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 VILSON H. TALES, Appellant, v. Case No. 5D12-1902 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 1, 2013 Appeal from the Circuit Court for Orange County, Margaret H. Schreiber, Judge. James S. Purdy, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee. ON CONFESSION OF ERROR PER CURIAM. Vilson H. Tales appeals his convictions and (time served) sentences for two counts of simple battery. Based upon the State s concession that the dual battery convictions violate double jeopardy, we reverse with directions that the trial court vacate one of those convictions. No other issue merits discussion. AFFIRMED IN PART; REVERSED IN PART; AND REMANDED WITH DIRECTIONS. TORPY, LAWSON and BERGER, JJ., concur.

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