NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED TYREE JABARI SPRATT v. STATE OF FLORIDA (2014)

District Court of Appeal of Florida, Fifth District.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED TYREE JABARI SPRATT, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D14–1245

Decided: November 21, 2014

James S. Purdy, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

Tyree Jabari Spratt appeals his judgment and sentences, asserting that his convictions for aggravated assault with a firearm and aggravated battery with a firearm violate his rights against double jeopardy, in light of his conviction for attempted burglary of a dwelling with an assault or battery and with a firearm, which arose out of the same criminal episode. The State properly concedes error. Accordingly, we reverse and remand for the trial court to vacate Spratt's convictions for aggravated battery and aggravated assault.

REVERSED and REMANDED.

PALMER, LAWSON and EVANDER, JJ. concur.

PER CURIAM.

Was this helpful?

Easy to understand

Solved my problem

Other

Missing the information I need

Too complicated / too many steps

Out of date

Other

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law