PAUL THOMAS WATSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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THREADGILL, Judge.
Paul Thomas Watson challenges his convictions for burglary with a battery upon the occupant1 and simple battery.2 He was sentenced within the guidelines to twenty years in prison followed by ten years of probation for burglary and to time served in county jail for battery. We reverse the judgment and sentence for battery. We find no merit in the other 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 Jeopardy Clause.
We affirm not only the judgment for burglary but also the sentence because the battery reversal does not affect the recommended guideline score.
Affirmed in part; reversed in part.
RYDER, A.C.J., and ALTENBERND, J., concur. . §§ 810.02(1) and (2)(a), Fla.Stat. (1991).
. § 784.03, Fla.Stat. (1991).
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Citator
Cited By
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Art Crawford v. State, 662 So. 2d 1016 (Fla. 5th DCA 1995)…a), Fla.Stat. (1991). . See Foster v. State, 596 So. 2d 1099 (Fla. 5th DCA 1992), approved, 613 So. 2d 454 (Fla.1993); Adams v. State, 547 So. 2d 333 (Fla. 5th DCA 1989); Ellison v. State, 545 So. 2d 480 (Fla. 5th DCA 1989); . See Watson v. State, 646 So. 2d 288 (Fla. 2d DCA 1994); Spradley v. State, 537 So. 2d 1058 (Fla. 1st DCA 1989).…
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Lewis v. State, 740 So. 2d 82 (Fla. 3d DCA 1999)…en defendant is also charged with and convicted of burglary with a battery, and the battery is the same in both charges. See Crawford v. State, 662 So. 2d 1016 (Fla. 5th DCA 1995); Febles v. State, 654 So. 2d 615 (Fla. 3d DCA 1995); Watson v. State, 646 So. 2d 288 (Fla. 2d DCA 1994); Slater v. State, 543 So. 2d 424 (Fla. 5th DCA 1989); Bradley v. State, 540 So. 2d 185 (Fla. 5th DCA 1989). Defendant’s convictions and sentences on counts 3, 5, and 6 are hereby vacated. This cause is remanded for re-sentencing.…
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Billiot v. State, 711 So. 2d 1277 (Fla. 1st DCA 1998)…ing that simple battery is a lesser included offense of burglary with a battery because the elements of simple battery are subsumed in the first degree burglary charge. See, e.g., Bronson v. State, 654 So. 2d 584 (Fla. 2d DCA 1995); Watson v. State, 646 So. 2d 288 (Fla. 2d DCA 1994); Bradley v. State, 540 So. 2d 185 (Fla. 5th DCA 1989); Spradley v. State, 537 So. 2d 1058 (Fla. 1st DCA 1989). Although the elements of simple battery are subsumed in first degree burglary, the elements of aggravated battery are n…
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- Bradley v. State, 540 So. 2d 185 (Fla. 5th DCA 1989)
- Cleveland Spradley, Jr. v. State, 537 So. 2d 1058 (Fla. 1st DCA 1989)
- Pope v. State, 614 So. 2d 51 (Fla. 4th DCA 1993)
- State v. Rack, 614 So. 2d 51 (Fla. 4th DCA 1993)