Irby v. State

ON MOTION FOR REHEARING

ZEHMER, Judge.

Appellant, Robert Irby, moves for rehearing on two grounds.

First, Irby contends that we have misconceived or misunderstood the thrust of his argument, namely:... while the two batteries may be factually separate episodes, they were, nevertheless, part of the same ‘criminal episode or conduct’ as contemplated by rule 3.191(a)(4), Florida Rules of Criminal Procedure. Carter v. State, 432 So.2d 797 (Fla. 2d DCA 1983); Deiches v. State [Kanly ], 375 So.2d 584 (Fla. 5th DCA 1979); State v. Kelly, 407 So.2d 257 (Fla. 2d DCA 1981). The entire thrust of Irby’s…