Burkhalter v. State
This text of 111 So. 3d 993 (Burkhalter 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.
Opinion
Appellant appeals his convictions and sentences for armed burglary with assault or battery (Count I), and armed burglary (Count II), stemming from a single entry into a dwelling with multiple occupants. The State properly concedes that Appellant’s conviction for Count II, armed burglary, must be vacated, as this conviction constitutes a double jeopardy violation. See Gorham v. State, 968 So.2d 717 (Fla. 4th DCA 2007); Williams v. State, 927 So.2d 145, 146 (Fla. 1st DCA 2006). We reverse and remand with directions that the trial court vacate Appellant’s conviction and sentence for Count II, armed burglary.
All other issues raised on appeal are affirmed.
AFFIRMED in part, REVERSED in part, and REMANDED for resentencing.
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Cite This Page — Counsel Stack
111 So. 3d 993, 2013 WL 1859187, 2013 Fla. App. LEXIS 7287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burkhalter-v-state-fladistctapp-2013.