LEROY LYLES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
West v. State, 21 So. 3d 916 (Fla. 5th DCA 2009)…rida Statutes (2006), and battery in violation of section 784.03(l)(a), Florida Statutes (2006), violate double jeopardy. Bracey v. State, 985 So. 2d 704, 705 (Fla. 5th DCA 2008); Lewis v. State, 740 So. 2d 82, 82 (Fla. 3d DCA 1999); Lyles v. State, 724 So. 2d 138, 138 (Fla. 1st DCA 1998); Bradley v. State, 540 So. 2d 185, 187 (Fla. 5th DCA 1989); Spradley v. State, 537 So. 2d 1058,1061 (Fla. 1st DCA 1989). The State even agreed during trial that battery is a lesser included offense of burglary with a battery…
-
Bracey v. State, 985 So. 2d 704 (Fla. 5th DCA 2008)…acey was convicted of burglary with a battery and simple battery and adjudicated guilty of both offenses. Our preliminary review of the case suggested that the simple battery was subsumed into the burglary with a battery offense. See Lyles v. State, 724 So. 2d 138 (Fla. 1st DCA 1998) (holding improper to convict defendant for both burglary with battery and simple battery where both offenses involve same battery). Convictions for both offenses, arising from the same incident, would violate Bracey’s double jeop…
-
Safford P. Bronson v. State, 768 So. 2d 1274 (Fla. 1st DCA 2000)…dly weapon. Unlike aggravated battery, armed burglary requires entry into a structure, and unlike armed burglary, aggravated battery requires the commission of a battery. The cases Bronson relies on are distinguishable. For example, Lyles v. State, 724 So. 2d 138 (Fla. 1st DCA 1998), holds that it is improper to convict a defendant for both burglary with a battery and simple battery where both offenses involve the same battery. Burglary with a battery is an offense under section 810.02(2)(a), Florida Statute…