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Harris v. State

190 So. 3d 88, 2015 Fla. App. LEXIS 3908, 2015 WL 1222677
Procedural entryThis page is a short order in Harris v. State. Read the opinion of the Court — 2012 Fla. App. LEXIS 18993 →
District Court of Appeal of Florida·Decided March 18, 2015·No. No. 4D13-3744·Published

Opinion

PER CURIAM..

We affirm appellant’s convictions of burglary of a dwelling with a battery, strong arm robbery, and felony-batteiy. No double jeopardy violation arises from the burglary/battery and felony battery convictions.. Felony battery is not subsumed within the burglary/battery conviction; fel[89]*89ony battery contains an element that battery does not — the existence of a prior conviction. See State v. Rothwell, 981 So.2d 1279, 1281 (Fla. 1st DCA 2008) (“The prior battery conviction is a necessary element of th[e felony battery] offense.” (citing R.R. v. State, 920 So.2d 146 (Fla. 5th DCA 2006))). We remand to the circuit court for the trial judge to impose sentence on the felony battery charge. See Murphy v. State, 16 So.3d 269, 269 (Fla. 5th DCA 2009).

GROSS, CONNER and KLINGENSMITH, JJ., concur.

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Harris v. State, 190 So. 3d 88, 2015 Fla. App. LEXIS 3908, 2015 WL 1222677 (Fla. Ct. App. 2015).

190 So. 3d 88 (Harris v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Murphy v. State
16 So. 3d 269 (District Court of Appeal of Florida, 2009)
R.R. v. State
920 So. 2d 146 (District Court of Appeal of Florida, 2006)
State v. Rothwell
981 So. 2d 1279 (District Court of Appeal of Florida, 2008)