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384 So. 2d 35

Lee v. State

District Court of Appeal of Florida · decided 1980-04-30

Cited by 4 later decisions — most recently June 1988

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1980-04-30

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PER CURIAM.

¶1Defendant appeals from a judgment of conviction entered by the Circuit Court for Brevard County, Florida.

¶2As to the convictions in Count I Burglary, section 810.02(1), (3), Florida Statutes (1979), and Count II Theft of a Firearm, section 812.014(l)(a), (b), (2)(b)(3), Florida Statutes (1977), we find no error and affirm.

¶3Defendant was acquitted of the charge specified in Count III.

¶4Count IV charged defendant with aggravated battery under section 784.03(l)(a), (b) and 784.045(l)(b), Florida Statutes (1979). The jury found defendant guilty of the lesser included offense of battery, but the judgment showed a conviction for aggravated battery. The State concedes this to be error. The judgment reflects that no sentence was imposed for this offense. We reverse the conviction and remand for correction of the judgment to conform to the jury’s verdict.

¶5Affirmed in part, reversed in part and remanded.

DAUKSCH, C. J., and ORFINGER and UPCHURCH, JJ., concur.
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