ROBERT ANTHONY WEST, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Robert Anthony West appeals his convictions for burglary with a battery and battery, arguing they violate double jeopardy. The Fifth District Court of Appeal agrees, reversing the battery conviction because battery is a lesser included offense of burglary with a battery, and affirms his remaining convictions.
Convictions for burglary with a battery and battery violate double jeopardy because battery is a lesser included offense of burglary with a battery. The battery conviction and sentence are reversed and vacated.
[1] Convictions for burglary with a battery and for battery violate double jeopardy.
[2] Battery is a lesser included offense of burglary with a battery.
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Join FLexlaw to unlock all legal intelligence“The courts have consistently held that convictions for burglary with a battery in violation of section 810.02(2)(a), Florida Statutes (2006), and battery in violation of section 784.03(l)(a), Florida Statutes (2006), violate double jeopardy.”
Establishes the controlling legal principle that these dual convictions are impermissible under double jeopardy law
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Join FLexlaw to unlock all legal intelligenceWest was convicted of burglary of a dwelling with a battery and a firearm, false imprisonment with a weapon, and battery. He was sentenced to ten year…
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Robert Anthony West appeals the judgment and sentence adjudicating him guilty in case number 06-6244 of burglary of a dwelling with a battery and a firearm, false imprisonment with a weapon, and battery.1 The court sentenced West on the burglary charge to ten years in prison with a ten-year firearm minimum mandatory sentence, with credit for time served of one year and 184 days, followed by ten years of probation. The court concurrently sentenced West to one year and 184 days on the false imprisonment count and one year on the battery count, with credit for time served. West asserts that his convictions for burglary with a battery and battery violate double jeopardy. We agree.
The courts have consistently held that convictions for burglary with a battery in violation of section 810.02(2)(a), Florida 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.2
Accordingly, we reverse the battery conviction and sentence in case number 06-6244 and remand this case to the trial court with instructions to vacate that conviction and sentence. Bracey. We affirm West’s other convictions and sentences in both case numbers 06-6241 and 06-6244.
AFFIRMED in part; REVERSED in part; and REMANDED.
MONACO, C.J., and SAWAYA and COHEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McGHEE v. State, 133 So. 3d 1137 (Fla. 5th DCA 2014)…versed because a conviction for both burglary with an assault or battery and simple battery arising from the same criminal episode also violates double jeopardy. Torna v. State, 742 So. 2d 366, 367 (Fla. 3d DCA 1999); see also West v. [*1139] State, 21 So. 3d 916 (Fla. 5th DCA 2009) (holding convictions for both burglary with a battery and battery (domestic violence) violate double jeopardy). Because we reverse the convictions for battery and aggravated assault with a firearm, we remand this case to the tria…
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Latimer v. State, 44 So. 3d 1239 (Fla. 5th DCA 2010)…of the doubt to” the defendant, State v. Reardon, 763 So. 2d 418, 419 n. 3 (Fla. 5th DCA 2000), we conclude that the convictions for both robbery and simple assault cannot stand. Cf. Young v. State, 43 So. 3d 876 (Fla. 5th DCA 2010); West v. State, 21 So. 3d 916 (Fla. 5th DCA 2009); Bracey v. State, 985 So. 2d 704 (Fla. 5th DCA 2008); Torna v. State, 742 So. 2d 366 (Fla. 3d DCA 1999). Accordingly, we reverse the assault conviction and remand with instructions that the assault conviction and sentence be vaca…
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Young v. State, 43 So. 3d 876 (Fla. 5th DCA 2010)…ld give the benefit of the doubt to Young. State v. Reardon, 763 So. 2d 418, 419 n. 3 (Fla. 5th DCA 2000). Convictions for both burglary with a battery and for the lesser included offense of battery violate double jeopardy. See, e.g., West v. State, 21 So. 3d 916 (Fla. 5th DCA 2009); Bracey v. State, 985 So. 2d 704 (Fla. 5th DCA 2008). The facts in this case, as acknowledged by the State, are almost indistinguishable from the factual scenario addressed in Torna v. State, 742 So. 2d 366 (Fla. 3d DCA 1999). T…
Authorities Cited
- Bradley v. State, 540 So. 2d 185 (Fla. 5th DCA 1989)
- Lewis v. State, 740 So. 2d 82 (Fla. 3d DCA 1999)
- Cleveland Spradley, Jr. v. State, 537 So. 2d 1058 (Fla. 1st DCA 1989)
- Lyles v. State, 724 So. 2d 138 (Fla. 1st DCA 1998)
- Smith v. State, 985 So. 2d 704 (Fla. 1st DCA 2008)
- Bracey v. State, 985 So. 2d 704 (Fla. 5th DCA 2008)