JACKSON v. STATE

No. 80-818.

404 So.2d 369 (1981)

Freddie Lee JACKSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 7, 1981.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Edwin H. Duff, III, Asst. Atty. Gen., Daytona Beach, for appellee.


DAUKSCH, Chief Judge.

This is an appeal from a judgment in a burglary and assault case.

The issue on appeal is whether a conviction for burglary under section 810.02(2)(a), Florida Statutes (1979), precludes the conviction for the necessarily included assault. That statute defines burglary of the highest degree as being a burglary which includes an assault upon a person; it subjects the perpetrator to a term of years not exceeding life imprisonment.

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