Bryant v. State

Full title: ARTHUR BRYANT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jan 2, 1986

480 So. 2d 665 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-808.

November 29, 1985. Rehearing Denied January 2, 1986.

Appeal from the Circuit Court for Orange County; Emerson R. Thompson, Jr., Judge.

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Chief Judge.

The defendant, Arthur Bryant, was convicted of aggravated battery with great bodily harm (count one) and aggravated battery with a deadly weapon (count two). Bryant was sentenced only on count one. These convictions arose from a single battery; therefore, the conviction on count two is reversed. See Llanos v. State, 401 So.2d 848 (Fla. 5th DCA 1981).

AFFIRMED in part; REVERSED in part.

DAUKSCH and ORFINGER, JJ., concur.