MICHAEL ERIC BARBOZA, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Perez v. State, 951 So. 2d 859 (Fla. 2d DCA 2006)
  …g convictions for burglary of a dwelling with assault or battery and home invasion robbery violated double jeopardy and section 775.021(4)(b) [*860] because burglary of a dwelling was subsumed by the home invasion robbery offense); Barboza v. State, 786 So. 2d 675 (Fla. 3d DCA 2001) (holding that the state conceded that appellant’s convictions for both home invasion robbery and burglary with an assault were improper); Weiss v. State, 720 So. 2d 1113 (Fla. 3d DCA 1998) (explaining conviction for home invasion…
• Tuttle v. State, 137 So. 3d 393 (Fla. 2d DCA 2014)
  …ardy analysis. All of the cases relied upon by the State in this appeal to argue otherwise either pre-date Pizzo, see, e.g., Mendez v. State, 798 So. 2d 749 (Fla. 5th DCA 2001); Braggs v. State, 789 So. 2d 1151 (Fla. 3d DCA 2001); Barboza v. State, 786 So. 2d 675 (Fla. 3d DCA 2001); Smith v. State, 741 So. 2d 579 (Fla. 3d DCA 1999); Bowers v. State, 679 So. 2d 340 (Fla. 1st DCA 1996), and hence no longer apply, or simply cite to pre-Pizzo authority with no analysis of whether that authority remained good law…
• Renaldo Gary Coleman v. State, 956 So. 2d 1254 (Fla. 2d DCA 2007)
  …nvasion robbery, of which appellant was also convicted”). Other cases hold that the offense of burglary with an assault subsumes the crime of home-invasion robbery. See Braggs v. State, 789 So. 2d 1151, 1152-53 (Fla. 3d DCA 2001); Barboza v. State, 786 So. 2d 675, 675 (Fla. 3d DCA 2001); Smith v. State, 741 So. 2d 579, 579 (Fla. 3d DCA 1999). In these cases, the courts vacated the conviction for home-invasion robbery in favor of the conviction for burglary with an assault. Accordingly, Coleman’s convictions…

Authorities Cited

• Bowers v. State, 679 So. 2d 340 (Fla. 1st DCA 1996)
• Datoral Smith v. State, 741 So. 2d 579 (Fla. 3d DCA 1999)