District Court of Appeal of Florida September 18, 2009, 2D07-5823 (Smith v. State)

DAVIS, Judge.

Harry William Smith, in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c), alleges that his appellate counsel was ineffective in failing to argue that his convictions for battery on a person sixty-five years of age or older

1

and felony battery as a second offense

2

violated the proscription against double jeopardy because both offenses arose from a single