860 So.2d 452, 28 Fla. L. Weekly D2018
District Court of Appeal of Florida,
First District.
Eric McKINNEY, Appellant,
v.
STATE of Florida, Appellee.
No. 1D02-2546.
Aug. 26, 2003.
Defendant was convicted in the Circuit Court, Wakulla County, N. Sanders Sauls, J., of sexual battery with firearm, burglary of a dwelling with a person assaulted and armed burglary of a dwelling. Defendant appealed. The District Court of Appeal held that defendant could only be convicted of one count of burglary when there was only one entry.
Reversed and remanded.
West Headnotes
KeyCite Notes
110 Criminal Law
110I Nature and Elements of Crime
110k29 Different Offenses in Same Transaction
110k29(5) Particular Offenses
110k29(11) k. Robbery and Burglary. Most Cited Cases
One of defendant's dual convictions and sentences on two burglary charges was subject to reversal, where there was only one entry.
*452 Nancy A. Daniels, Public Defender and James C. Banks, Assistant Public Defender, Tallahassee, for Appellant.
Charlie Crist, Attorney General and Trisha Meggs Pate, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.
PER CURIAM.
Appellant appeals a jury verdict convicting him of sexual battery with a firearm, burglary of a dwelling with a person assaulted, and armed burglary of a dwelling. Because there was only one entry, the dual convictions and sentences on the two burglary charges cannot stand. See Docanto v. State, 811 So.2d 790 (Fla. 4th DCA 2002); Hawkins v. State, 436 So.2d 44 (Fla.1983). Appellant received concurrent life sentences on both burglary charges. Accordingly, reversal of one is required. We therefore remand with instructions for the trial court to vacate the conviction and sentence on one of the burglaries.
REVERSED and REMANDED with instructions.
WOLF, C.J., BROWNING and HAWKES, JJ., Concur.
Fla.App. 1 Dist.,2003.
McKinney v. State
860 So.2d 452, 28 Fla. L. Weekly D2018
Briefs and Other Related Documents (Back to top)
1D02-2546 (Docket) (Jun. 21, 2002)
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