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111 So. 3d 993

Burkhalter v. State

District Court of Appeal of Florida · decided 2013-05-06

Relies on 968 So. 2d 717 - Gorham v. State · Williams v. State

Decided 2013-05-06

PER CURIAM.

¶1Appellant appeals his convictions and sentences for armed burglary with assault or battery (Count I), and armed burglary (Count II), stemming from a single entry into a dwelling with multiple occupants. The State properly concedes that Appellant’s conviction for Count II, armed burglary, must be vacated, as this conviction constitutes a double jeopardy violation. See Gorham v. State, 968 So.2d 717 (Fla. 4th DCA 2007); Williams v. State, 927 So.2d 145, 146 (Fla. 1st DCA 2006). We reverse and remand with directions that the trial court vacate Appellant’s conviction and sentence for Count II, armed burglary.

¶2All other issues raised on appeal are affirmed.

¶3AFFIRMED in part, REVERSED in part, and REMANDED for resentencing.

BENTON, C.J., THOMAS and CLARK, JJ., concur.
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