Florida District Courts of Appeal, 1981

Davis v. State

Florida District Courts of Appeal · Decided August 26, 1981 · Cobb, Sharp, Upchurch

402 So. 2d 584; 1981 Fla. App. LEXIS 20920 (Southern Reporter, Second Series)

Opinion of the Court

SHARP, Judge.

Davis appeals from a final order announced in court after a jury trial. The *585court adjudicated him guilty of burglary of a dwelling with the intent to commit a sexual battery and an assault1 and four sexual batteries.2 Davis argues that the multiple adjudications violate the Double Jeopardy provisions of the United States Constitution and the Florida Constitution. After the Notice of Appeal was filed, the trial court “rendered” its judgment which adjudicated Davis guilty and sentenced him for one sexual battery3 and burglary of a dwelling with an assault.4 We ordered that the record be supplemented with the written judgment, and we shall treat it as the judgment being appealed in this cause.5 The record sustains the written judgment and accordingly it is

AFFIRMED.

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.

.§§ 810.02(1), 810.02(2)(a), Fla.Stat. (1979).

. §§ 794.01 l(4)(b), 794.011(5), Fla.Stat. (1979).

. § 794.01 l(4)(b), Fla.Stat. (1979).

. §§ 810.02(1), 810.02(2)(a), Fla.Stat. (1979).

. See Williams v. State, 324 So.2d 74 (Fla. 1975).

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