Green v. State

Appellant challenges his convictions, after jury verdicts, for both aggravated battery with a deadly weapon, pursuant to section 784.045, Florida Statutes, and aggravated battery with a deadly weapon upon another detainee in a detention facility, pursuant to section 784.082, Florida Statutes. He asserts that the dual convictions violate the double jeopardy clause. Despite Appellant’s failure to raise a double jeopardy issue at the trial level, we review the matter for fundamental er*357ror. Pruett v. State, 731 So.2d 113 (Fla. 1st DCA 1999).

The evidence presented to the jury was uncontroverted…