SMITH v. STATE

No. 93-0189.

632 So.2d 136 (1994)

Toborrius SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 9, 1994.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Susan D. Cline, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.


KLEIN, Judge.

Defendant, who was charged with 18 counts of burglary of a structure, as a result of breaking into businesses operating within an enclosed mall, argued to the trial court that he should only have been charged with one count. After the trial court rejected his position defendant pled nolo contendere, reserving his right to appeal the issue. We affirm the conviction, but reverse the sentence.

On defendant's motion to strike or dismiss all but one...

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