TONY LAMONT SANDERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Tony Sanders was convicted of attempted burglary of a dwelling with a battery, contributing to the delinquency of a minor, and battery. On appeal, he correctly argues that double jeopardy principles preclude his convictions for both attempted burglary with a battery and battery. We reject the State’s argument that both convictions should be upheld because the jury could have found that Sanders committed two separate batteries. Where, as in the instant case, it is impossible to tell from the verdict form if the jury found that the defendant had committed two distinct batteries or only a single battery, the verdict must be read in a manner that would give the benefit of the doubt to the defendant. See Young v. State, 43 So.3d 876 (Fla. 5th DCA 2010); Partch v. State, 43 So.3d 758 (Fla. 1st DCA 2010); Torna v. State, 742 So.2d 366 (Fla. 3d DCA 1999). According*562ly, we vacate the conviction of (simple) battery.
AFFIRMED, in part; REVERSED, in part; REMANDED.
TORPY, LAWSON and EVANDER, JJ., concur.
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Citator
Cited By
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Green v. State, 120 So. 3d 1276 (Fla. 1st DCA 2013)…ll from the verdict form whether the jury found that two distinct assaults occurred, constituting two separate criminal acts. Given the record before us, the verdict should be read in the manner most favorable to the appellant. See Sanders v. State, 74 So. 3d 561 (Fla. 5th DCA 2011) (holding that, where double jeopardy was implicated and it was impossible to tell from the verdict form if the jury found two distinct acts, the verdict must be read in a manner that would give the benefit of the doubt to the def…
Authorities Cited
- Partch v. State, 43 So. 3d 758 (Fla. 1st DCA 2010)
- Torna v. State, 742 So. 2d 366 (Fla. 3d DCA 1999)
- Young v. State, 43 So. 3d 876 (Fla. 5th DCA 2010)