TYRONE FIELDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TYRONE FIELDS, APPELLANT,
STATE OF FLORIDA, APPELLEE
735 So. 2d 541
Florida District Court of Appeal, Second District (1999)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We vacate Tyrone Fields’ conviction and sentence for simple battery based on a double jeopardy violation with his conviction for residential burglary with a battery. See Bronson v. State, 654 So. 2d 584 (Fla. 2d DCA 1995). In all other matters, we affirm.
Battery conviction vacated; remaining convictions and sentences affirmed.
THREADGILL, A.C.J., and BLUE and FULMER, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Torna v. State, 742 So. 2d 366 (Fla. 3d DCA 1999)…e cannot now guess what the jury was thinking, we must conclude that Torna was indeed subjected to double jeopardy by his conviction of both “burglary with an assault and/or battery” and “battery.” See e.g., Fields v. State, 24 Fla. L. Weekly D1231, 735 So. 2d 541 (Fla. 2d DCA 1999); Bronson v. State, 654 So. 2d 584 (Fla. 2d DCA 1995). In fact, if anything, the facts of this case lend themselves more to supporting a “burglary with a battery” conviction than a “burglary with an assault” conviction. Torna consu…
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Stathas v. State, 852 So. 2d 881 (Fla. 2d DCA 2003)…Stathas’ claim is facially insufficient because he did not allege that his entitlement to relief is apparent from the face of the record, nor did he allege how and where his entitlement to relief is demonstrated from the record. See Jones v. State, 735 So. 2d 541 (Fla. 2d DCA 1999). Therefore, we affirm the trial court’s order of denial without prejudice to any right Stathas may have to refíle a facially sufficient motion for prison credit under rule 3.800(a). See id. at 542. Affirmed. STRINGER and SILBERM…
Authorities Cited
- Bronson v. State, 654 So. 2d 584 (Fla. 2d DCA 1995)