Summary
holding improper to convict defendant for both burglary with battery and simple battery where both offenses involve same battery
Summary of this case from Bracey v. StateOpinion
No. 97-3781.
November 30, 1998.
An appeal from the Circuit Court, Duval County, William Wilkes, Judge.
Nancy A. Daniels, Public Defender, and Mark E. Walker, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, and J. Ray Poole, Tallahassee, for Appellee.
After a jury trial, appellant was adjudged guilty of battery as to count I, burglary of a dwelling with an assault or battery as to count II, and obstructing or opposing a police officer in the execution of his legal duty as to count III. He was sentenced as to all three crimes.
Among issues raised on appeal, appellant argues that it was error to adjudicate him guilty of both burglary with a battery and simple battery where both offenses involved the same battery. The state agrees that the offense of simple battery was subsumed by the greater offense of burglary with a battery. Consequently, we reverse the conviction and sentence for simple battery. In all other respects, the judgment and sentences on appeal are affirmed.
JOANOS, ALLEN and WEBSTER, JJ., CONCUR.