McPhee v. State

Full title: JOHN LEON McPHEE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Feb 1, 1989

537 So. 2d 698 (Fla. Dist. Ct. App. 1989)

Opinion

No. 87-2139.

February 1, 1989.

Appeal from the Circuit Court for St. Lucie County; Rupert Jasen Smith, Judge.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Deborah Guller, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant was convicted of burglary of a dwelling with aggravated battery (Count I) and aggravated battery (Count II). We reverse and remand with directions to vacate appellant's aggravated battery conviction (Count II). See Previlion v. State, 500 So.2d 716 (Fla. 4th DCA 1987).

HERSEY, C.J., and DOWNEY and ANSTEAD, JJ., concur.