Hall v. State

Bennie Hall appeals his convictions and sentences for battery and for two counts of robbery. We reverse in part and affirm in part.

Hall contests the battery conviction on the ground that battery is a lesser included offense of the crime of robbery. In this case, the battery occurred contemporaneously with the robbery and formed one of its elements. McCloud v. State, 335 So.2d 257 (Fla.1976); Montsdoca v. State, 84 Fla. 82, 93 So. 157 (1922). Thus, the conviction and sentence for battery constitutes double jeopardy. See Carawan v. State, 515 So.2d 161, 170 (Fla.1987). We therefore reverse…