Smith v. State

DAVIS, Judge.

Harry William Smith, in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c), alleges that his appellate counsel was ineffective in failing to argue that his convictions for battery on a person sixty-five years of age or older 1 and felony battery as a second offense 2 violated the proscription against double jeopardy because both offenses arose from a single episode in which Smith pushed his mother. 3

On June 7, 2006, Smith entered an open plea to the charges, and nothing in the record indicates that he waived his protection against double jeopardy. The…