DiMATTEO v. STATE

No. 96-3136.

695 So.2d 853 (1997)

Brian DiMATTEO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 18, 1997.


Attorney(s) appearing for the Case

David M. Lamos, Fort Pierce, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and John Tiedemann, Assistant Attorney General, West Palm Beach, for appellee.


PARIENTE, Judge.

Defendant, based on a single incident, was charged in one count with burglary with a battery and in a second count with aggravated battery. The jury found defendant guilty of the lesser included burglary (without a battery) in Count I, and guilty as charged in Count II. DiMatteo was sentenced on each count to 56 months in prison followed by one year probation, with the sentences to run concurrently. DiMatteo argues that the trial court erred in sentencing...

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