TORRES v. STATE

No. 96-02097.

712 So.2d 1169 (1998)

Miguel Angel TORRES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 12, 1998.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


PER CURIAM.

Miguel Angel Torres appeals his sentence for burglary of a dwelling with an assault or battery, battery of a victim over the age of 65, and grand theft. We affirm Mr. Torres' conviction for both burglary of a dwelling with battery and battery of a victim over the age of 65 because one offense is not a necessary lesser of the other. We also direct the trial court to correct a mathematical error in Mr. Torres' sentence and strike a portion of his order of...

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