¶1We affirm all points on appeal. As to Point IV, challenging the court’s imposition of a separate sentence for sexual battery as a lesser offense to burglary while committing an assault, we conclude, after examining the allegations of Count II, relating to the burglary offense, that sexual battery, not alleged in Count II to be the means by which the assault was committed, could not be a lesser offense to burglary. Accordingly, the court’s imposition of the separate sentence for sexual battery was not barred by the provisions of Section 775.021(4), Florida Statutes (1977). Cf. Borges v. State, 415 So.2d 1265 (Fla.1982).
414 So. 2d 261
Moore v. State
District Court of Appeal of Florida
Decided May 21, 1982
District Court of Appeal of Florida · decided 1982-05-21
Cited by 3 later decisions — most recently August 1990
3 state decisions
Relies on Borges v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1982-05-21
View the full empirical analysis of this case →