Haynes v. State, 4D01-3705.
| Decision Date | 16 October 2002 |
| Docket Number | No. 4D01-3705.,4D01-3705. |
| Citation | 828 So.2d 457 |
| Parties | Alvin HAYNES, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Carey Haughwout, Public Defender, Jeffrey Anderson and Samuel A. Walker, Assistant Public Defenders, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.
We affirm appellant's convictions except for appellant's conviction for simple battery. Because appellant was convicted of battery of a law enforcement officer as a result of the very same act on which the simple battery conviction is based, the two convictions violate double jeopardy. Giles v. State, 763 So.2d 1178 (Fla. 4th DCA 2000). We disagree with the state's argument that appellant waived this issue by requesting the jury instruction on simple battery because double jeopardy is a fundamental error which can be raised for the first time on appeal. Grant v. State, 770 So.2d 655, 658 n. 4 (Fla.2000). We therefore affirm on all issues except the conviction for simple battery which is reversed.
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...Barfield v. State, 871 So.2d 929 (Fla. 5th DCA 2004); Tannihill v. State, 848 So.2d 442 (Fla. 4th DCA 2003); Haynes v. State, 828 So.2d 457, 458 (Fla. 4th DCA 2002); Rios v. State, 791 So.2d 1208 (Fla. 5th DCA 2001); Ford v. State, 749 So.2d 570, 571 (Fla. 5th DCA 2000); Rivera v. State, 74......
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Tannihill v. State, 4D02-644.
...waived, a violation of double jeopardy is a fundamental error which can be raised for the first time on appeal. See Haynes v. State, 828 So.2d 457, 458 (Fla. 4th DCA 2002); see also Rios v. State, 791 So.2d 1208 (Fla. 5th DCA 2001)(convictions for sexual battery and lewd and lascivious act ......
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Dorsett v. State, 3D02-420.
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