ANGEL MANUEL ROSADO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
COBB, Judge.
The appellant, Angel M. Rosado, appeals his conviction for the first degree murder of his wife. He contends he was entitled to a judgment of acquittal at trial because the state failed to present evidence from which the jury could exclude every reasonable hypothesis of innocence. We disagree and affirm. See Bedford v. State, 589 So. 2d 245 (Fla.1991), cert. denied, — U.S. -, 112 S.Ct. 1773, 118 L.Ed.2d 432 (1992); State v. Law, 559 So. 2d 187 (Fla.1989).
The appellant also contends, and the state agrees, that the restitution order of the court should be corrected to reflect the amount of $4,203.00. See Brister v. State, 562 So. 2d 452 (Fla.5th DCA 1990). Accordingly, the restitution order is modified to reflect that figure.
AS CORRECTED, THE JUDGMENT AND SENTENCE ARE AFFIRMED.
GOSHORN, C.J., and W. SHARP, J., concur.
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Elliot Reno Whatley v. State, 679 So. 2d 1269 (Fla. 2d DCA 1996)…gravated battery, and burglary with a battery or while armed.1 [*1270] Appellate counsel successfully contested the habitual offender sentences imposed; however, by opinion dated March 12, 1998, this court affirmed the convictions. Whatley v. State, 614 So. 2d 689 (Fla. 2d DCA), rev. dism’d, 618 So. 2d 1370 (Fla.1993).2 The double jeopardy argument has never been raised. This court has recently held that battery is a lesser included offense of burglary with a battery.3 Unfortunately, at the time of Whatley’s…
Authorities Cited
- State v. Ronnie S. LAW, 559 So. 2d 187 (Fla. 1989)
- Bedford v. State, 589 So. 2d 245 (Fla. 1991)
- Millsap v. State, 562 So. 2d 452 (Fla. 5th DCA 1990)
- Brister v. State, 562 So. 2d 452 (Fla. 5th DCA 1990)