Harris v. State

PER CURIAM..

We affirm appellant’s convictions of burglary of a dwelling with a battery, strong arm robbery, and felony-batteiy. No double jeopardy violation arises from the burglary/battery and felony battery convictions.. Felony battery is not subsumed within the burglary/battery conviction; fel*89ony battery contains an element that battery does not — the existence of a prior conviction. See State v. Rothwell, 981 So.2d 1279, 1281 (Fla. 1st DCA 2008) (“The prior battery conviction is a necessary element of th[e felony battery] offense.” (citing R.R. v. State, 920 So.2d 146 (Fla. 5th DCA…