¶1Appellant was convicted of attempted manslaughter and aggravated battery. Both offenses arise out of one act as defined in Carawan v. State, 515 So.2d 161, 170 (Fla.1987). We reject all of appellant’s arguments except his final one; namely, that he could not be adjudicated guilty of and sentenced for aggravated battery on the basis of the same conduct for which he was convicted and sentenced for the crime of attempted manslaughter. We agree and remand, in accordance with Carawan, with direction to vacate either of the two convictions. We note that attempted manslaughter is a third degree felony, and aggravated battery, a second, which are identical with the levels of offenses in Carawan.
522 So. 2d 105
522 So.2d 105
13 Fla.L.Weekly 745
Howard v. State
District Court of Appeal of Florida
Decided March 23, 1988
District Court of Appeal of Florida · decided 1988-03-23
Relies on 515 So. 2d 161 - Carawan v. State
Decided 1988-03-23