Swain v. State

Neal William Swain, III, appeals his judgment and sentence. Swain raises six issues on appeal, one of which merits discussion. Swain alleges that his convictions for both armed burglary with assault or battery and aggravated assault with a firearm constitute double jeopardy. We disagree with Swain’s double jeopardy argument because Swain was convicted of armed burglary with a firearm, not armed burglary with assault or battery as charged.1 However, the judgment does contain a scrivener’s error which should be corrected.

The information charged Swain with one count of armed kidnapping in…