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Arroyo v. State

888 So. 2d 132, 2004 Fla. App. LEXIS 17882, 2004 WL 2730777
CourtDistrict Court of Appeal of Florida
DecidedNovember 24, 2004
DocketNo. 3D03-1265
StatusPublished

This text of 888 So. 2d 132 (Arroyo v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arroyo v. State, 888 So. 2d 132, 2004 Fla. App. LEXIS 17882, 2004 WL 2730777 (Fla. Ct. App. 2004).

Opinion

PER CURIAM.

The defendant, Daniel Arroyo, appeals from his convictions for sexual battery with a deadly weapon, armed burglary with assault or battery, and armed home invasion robbery. The defendant raises several issues, but we find that only one merits discussion. The defendant properly contends that his conviction for armed home invasion robbery must be vacated as it is subsumed by the greater offense of armed burglary with an assault or battery. Barboza v. State, 786 So.2d 675 (Fla. 3d DCA 2001); Smith v. State, 741 So.2d 579 (Fla. 3d DCA 1999). Accordingly, the conviction and suspended sentence for armed home invasion robbery are vacated, and the remaining convictions and sentences are affirmed.

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Related

Smith v. State
741 So. 2d 579 (District Court of Appeal of Florida, 1999)
Barboza v. State
786 So. 2d 675 (District Court of Appeal of Florida, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
888 So. 2d 132, 2004 Fla. App. LEXIS 17882, 2004 WL 2730777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arroyo-v-state-fladistctapp-2004.