STATE OF FLORIDA, APPELLANT,
v.
CRAIG RACK, APPELLEE
STATE OF FLORIDA, APPELLANT,
CRAIG RACK, 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.
Having accepted jurisdiction pursuant to Florida Rule of Appellate Procedure 9.160, this court reverses the suppression order that was presented in this appeal for review, and remands the case to the trial court. See State v. Rochelle, 609 So. 2d 613 (Fla. 4th DCA 1992).
GLICKSTEIN, C.J., and ANSTEAD and HERSEY, JJ., 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
- State v. Sydney Rochelle, 609 So. 2d 613 (Fla. 4th DCA 1992)