Florida District Courts of Appeal, 1982

Moore v. State

Florida District Courts of Appeal · Decided May 21, 1982 · Booth, Ervin, Thompson

414 So. 2d 261; 1982 Fla. App. LEXIS 20091 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Rocca v. State (Florida Circuit Courts 1990)
Torrence v. State (Fla. Dist. Ct. App. 1983)
Baker v. State (Fla. Dist. Ct. App. 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We 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).

ERVIN, BOOTH and THOMPSON, JJ., concur.

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