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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.
GRIFFIN, TORPY and JACOBUS, JJ., concur.
Document Info
Docket Number: No. 5D12-487
Citation Numbers: 113 So. 3d 949, 2013 Fla. App. LEXIS 1934, 2013 WL 461647
Judges: Griffin, Jacobus, Torpy
Filed Date: 2/8/2013
Precedential Status: Precedential
Modified Date: 10/19/2024