White v. State

• Decision Date: 01 August 2014
• Docket Number: No. 5D13–3989.,5D13–3989.
• Citation: 143 So.3d 1105
• Parties: Cody Lee WHITE, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

143 So.3d 1105

Cody Lee WHITE, Appellant,

v.STATE of Florida, Appellee.

No. 5D13–3989.

District Court of Appeal of Florida, Fifth District.

Aug. 1, 2014.

Appeal from the Circuit Court for Osceola County, Jon B. Morgan, Judge.

James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Cody Lee White (defendant) appeals his judgment and sentences, alleging that his dual convictions for burglary with a battery enhanced by use of a firearm (count two) and aggravated battery (count five) violate his constitutional protection against double jeopardy. The State concedes error as to this issue. Accordingly, we affirm the defendant's judgment and sentences, except for those imposed on count five. We vacate the defendant's conviction and sentence as to that count.

AFFIRMED in part; REVERSED in part; and REMANDED.

SAWAYA, PALMER and LAMBERT, JJ., concur.