Summary
holding that the state conceded that appellant's convictions for both home invasion robbery and burglary with an assault were improper
Summary of this case from Perez v. StateOpinion
Case No. 3D99-3244
Opinion filed June 13, 2001.
An appeal from the Circuit Court for Dade County, Martin Kahn, Judge. Lower Tribunal No. 98-4335.
Clayton R. Kaeiser, for appellant.
Robert Butterworth, Attorney General, and Steven R. Parrish, Assistant Attorney General, for appellee.
Before JORGENSON, GODERICH and FLETCHER, JJ.
The defendant appeals from his convictions for armed home invasion robbery, aggravated battery with a deadly weapon, and burglary with an assault therein. The defendant contends, and the State properly concedes, that the conviction for home invasion robbery must be vacated as it is subsumed by the greater offense of burglary with an assault.Smith v. State, 741 So.2d 579 (Fla. 3d DCA 1999); Bowers v. State, 679 So.2d 340, 341 (Fla. 1st DCA 1996). Accordingly, the conviction for home invasion robbery is vacated.
Because the other point raised by the defendant lacks merit, the remaining convictions are affirmed.
Affirmed; conviction for home invasion robbery vacated.