From Casetext: Smarter Legal Research

M.T. v. State

District Court of Appeal of Florida, Third District
Oct 8, 1997
699 So. 2d 349 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 97-561

Opinion filed October 8, 1997.

An appeal from the Circuit Court for Dade County, Steven D. Robinson, Judge.

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Roberta G. Mandel, Assistant Attorney General, for appellee.

Before NESBITT, COPE and GODERICH, JJ.


On Confession of Error


M.T., a juvenile, appeals his conviction for two counts of battery in connection with an incident in which he pushed the victim, struck him and then swung an object at him, all in rapid succession.

The State has correctly conceded error in the imposition of two convictions under those circumstances. See Laines v. State, 662 So.2d 1248, 1249 (Fla. 3d DCA 1995), receded from on other grounds, Grene v. State, 22 Fla. L. Weekly D2065 (Fla. 3d DCA Sept. 3, 1997).

In light of the confession of error, we reverse and remand for vacation of one of the battery convictions.

Reversed and remanded.


Summaries of

M.T. v. State

District Court of Appeal of Florida, Third District
Oct 8, 1997
699 So. 2d 349 (Fla. Dist. Ct. App. 1997)
Case details for

M.T. v. State

Case Details

Full title:M.T., A JUVENILE, APPELLANT, vs. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 8, 1997

Citations

699 So. 2d 349 (Fla. Dist. Ct. App. 1997)

Citing Cases

Zapata v. State

Moreover, because the trial evidence in the instant case reflects that the two convictions arise from the…

Salazar v. State

Thus, the conviction and sentence on count three must be vacated. See id.; see also M.T. v. State, 699 So.2d…