District Court of Appeal of Florida July 29, 2015, No. 1D14-5329 (Pottle v. State)

PER CURIAM.

The state concedes that appellant’s dual convictions for simple battery and domestic battery by strangulation violate the prohibition against double jeopardy. The elements of domestic battery by strangulation subsume the elements of simple battery, and both convictions stemmed from appellant’s single act of choking the victim. See Allen v. State, 146 So.3d 1262 (Fla.