Summary
holding that the defendant's home-invasion robbery conviction violated double jeopardy because it arose from the same incident as the defendant's burglary with an assault or battery conviction
Summary of this case from Washington v. StateOpinion
No. 5D12–487.
2013-02-8
Decius Gene JULES, Appellant, v. STATE of Florida, Appellee.
Appeal from the Circuit Court for Orange County, Julie H. O'Kane, Judge. James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.
Appeal from the Circuit Court for Orange County, Julie H. O'Kane, Judge.
James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
The State properly concedes error on Appellant's claim that his home-invasion-robbery charge violates double jeopardy in that it arose from the same episode as Appellant's burglary-with-an-assault-or-battery charge. Accordingly, we reverse the judgment and sentence on the home-invasion charge and remand this cause for further proceedings as warranted. In all other respects, we affirm.
AFFIRM in part; REVERSED in part; and REMANDED.