GATLIN v. STATE

No. 96-01672.

695 So.2d 821 (1997)

Gary Arlo GATLIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 30, 1997.


Attorney(s) appearing for the Case

Michelle Pincket, Lakeland, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Judge.

Gary Gatlin challenges his convictions and sentences for armed burglary and attempted sexual battery. We affirm the conviction for attempted sexual battery without discussion.

On the armed burglary charge, the trial court instructed the jury on simple burglary and trespass. It also explained that if the jury found Gatlin guilty of burglary, it should consider certain aggravating circumstances, that is, whether he was armed and whether the...

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