ADABERTO DOCANTO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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POLEN, C.J.
Adaberto Docanto timely appeals after a jury convicted him of attempted second degree murder, aggravated battery, and two counts of first-degree burglary. One burglary count involved a battery and the other was committed while he was armed. Because there was only one entry, the dual convictions on these two charges cannot stand. Hawkins v. State, 436 So. 2d 44 (Fla.1983); Trotman v. State, 545 So. 2d 890 (Fla. 4th DCA 1989). Although he received concurrent life sentences for these two charges, reversal of one is required.
Docanto also argues his sentences under the Florida Criminal Punishment Code are unconstitutional. We reject this argument and affirm. See Peterson v. State, 775 So. 2d 376 (Fla. 4th DCA 2000); Hall v. State, 767 So. 2d 560 (Fla. 4th DCA 2000), rev. granted, 790 So. 2d 1104 (Fla.2001).
As to the other issues raised in this appeal, we affirm as unpersuasive.
AFFIRMED in part; REVERSED in part and REMANDED with instructions that the trial court vacate one of the burglary convictions and sentences.
HAZOURI and MAY, JJ., concur.
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McKINNEY v. State, 860 So. 2d 452 (Fla. 1st DCA 2003)…of sexual battery with a firearm, burglary of a dwelling with a person assaulted, and armed burglary of a dwelling. Because there was only one entry, the dual convictions and sentences on the two burglary charges cannot stand. See Docanto v. State, 811 So. 2d 790 (Fla. 4th DCA 2002); Hawkins v. State, 436 So. 2d 44 (Fla.1983). Appellant received concurrent life sentences on both burglary charges. Accordingly, reversal of one is required. We therefore remand with instructions for the trial court to vacate the…
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Williams v. State, 927 So. 2d 145 (Fla. 1st DCA 2006)…e from a single entry of the dwelling and involved only one victim. See Hawkins v. State, 436 So. 2d 44, 46 (Fla.1983); Valdez v. State, 915 So. 2d 636, 637 (Fla. 2d DCA 2005); McKinney v. State, 860 So. 2d 452 (Fla. 1st DCA 2003); Docanto v. State, 811 So. 2d 790 (Fla. 4th DCA 2002); Trotman v. State, 545 So. 2d 890, 891 (Fla. 4th DCA 1989) (holding that defendant could not be convicted of two counts of first-degree burglary, one count based on assault and the other based on burglary, where there was only on…
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Gustav Mengel v. State, 814 So. 2d 1210 (Fla. 4th DCA 2002)…PER CURIAM. We affirm on the authority of Docanto v. State, 811 So. 2d 790 (Fla. 4th DCA 2002); Hope v. State, 805 So. 2d 51 (Fla. 4th DCA 2001); Erts v. State, 791 So. 2d 529 (Fla. 4th DCA 2001); Peterson v. State, 775 So. 2d 376 (Fla. 4th DCA 2000); Hall v. State, 767 So. 2d 560 (Fla. 4th DCA 2000), rev. granted, 790 So.…
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- Peterson v. State, 775 So. 2d 376 (Fla. 4th DCA 2000)
- Hawkins v. State, 436 So. 2d 44 (Fla. 1983)
- Artis J. Kelly v. State, 767 So. 2d 560 (Fla. 4th DCA 2000)
- Wester v. State, 767 So. 2d 560 (Fla. 4th DCA 2000)
- Earnest Trotman v. State, 545 So. 2d 890 (Fla. 4th DCA 1989)