Pruett v. State

ON MOTION FOR REHEARING AND CLARIFICATION

The State seeks rehearing and clarification of our opinion in Pruett v. State, 24 Fla. L. Weekly D508 (Fla. 1st DCA *114Feb.15, 1999), reversing the simple battery conviction and sentence and remanding for resentencing. We withdraw the prior opinion issued in this cause, deny the motion for rehearing, but grant the motion for clarification by entering this revised opinion.

Appellant, Max Michael Pruett, appeals his convictions of battery and battery upon a person 65 years of age or older. He contends that the trial court violated double jeopardy principles…