Gordon v. State
Gordon v. State
16 So. 3d 1004; 2009 Fla. App. LEXIS 13511; 2009 WL 2887094
(Southern Reporter, Third Series)
Gordon v. State
Opinion
Bryan Gordon was convicted of burglary of a dwelling with an assault or battery and simple battery and adjudicated guilty *1005 of both offenses. Under the facts of this case, it was error to convict Gordon of both burglary with a battery and simple battery. See Bracey v. State, 985 So.2d 704 (Fla. 5th DCA 2008).
Accordingly, we affirm Gordon’s conviction and sentence for burglary with a battery, but reverse the simple battery conviction. On remand, the trial court shall vacate that conviction. In all other respects, the judgment and sentences on appeal are affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.