Harrison v. State

This is an appeal from convictions for Robbery, Trespass and Battery.

Appellant claims it is violative of double jeopardy rights for him to have been convicted of both robbery and battery because the battery, under the facts of this case, was inherent in the commission of the robbery. We agree.

Appellant was seen stealing clothes from a store and was confronted by a security guard. After pushing the guard appellant fled and was later caught. At trial the jury rendered its verdict of guilt thusly: “We the jury find the Defendant guilty of Robbery (Subsequent Force), as charged in the…