THOMAS POPE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
THOMAS POPE, APPELLANT,
STATE OF FLORIDA, APPELLEE
614 So. 2d 51
Florida District Court of Appeal, Fourth District (1993)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s conviction and sentence for burglary with a battery and robbery. We reverse appellant’s conviction and sentence for simple battery. See Slater v. State, 543 So. 2d 424 (Fla. 5th DCA 1989). We do not need to remand this case for resentencing since the reduction in points resulting from our reversal of appellant’s conviction for battery does not change the permitted and recommended range of his guidelines sentence.
AFFIRMED IN PART; REVERSED IN PART and REMANDED.
HERSEY and DELL, JJ., and DOWNEY, JAMES C., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Desmond Rohan v. State, 696 So. 2d 901 (Fla. 4th DCA 1997)…d, in light of Rohan’s convictions for burglary with an assault or battery under section 810.02(2). It is improper to convict and sentence a defendant for both first degree burglary and the battery used to enhance the burglary charge. Pope v. State, 614 So. 2d 51 (Fla. 4th DCA 1993); Crawford v. State, 662 So. 2d 1016 (Fla. 5th DCA 1995); § 775.021(4)(b), Fla. Stat. (1995). Rohan next attacks his false imprisonment conviction, contending that it was subsumed by the conviction for burglary with an assault or…
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Watson v. State, 646 So. 2d 288 (Fla. 2d DCA 1994)…issues the appellant raises on appeal. The appellant contends and we agree that the simple battery is a lesser-included offense of burglary with a battery upon the occupant because both batteries arose out of the same factual event. Pope v. State, 614 So. 2d 51 (Fla. 4th DCA 1993); Bradley v. State, 540 So. 2d 185 (Fla. 5th DCA 1989); Spradley v. State, 537 So. 2d 1058 (Fla. 1st DCA 1989). The appellant struck the victim once in the course of the burglary. Thus, the battery conviction violates the Double J…
Authorities Cited
- Sampson E. Riley v. State, 543 So. 2d 424 (Fla. 5th DCA 1989)
- Kardell Vernon Slater v. State, 543 So. 2d 424 (Fla. 5th DCA 1989)