HAUSEN v. STATE

No. 98-256

730 So.2d 327 (1999)

Alan Michael HAUSEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 27, 1999.


Attorney(s) appearing for the Case

Michael S. Pasano of Zuckerman, Spaeder, Taylor & Evans, LLP, Miami, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Roberta J. Tylke and Belle B. Turner, Assistant Attorneys General, Daytona Beach, for Appellee.


W. SHARP, J.

Hausen appeals from his judgment and sentences for battery and commission of a lewd act on a child. Because the battery and the lewd act charges were based on the same conduct, we vacate the conviction for battery and remand for resentencing. We affirm the conviction for commission of a lewd act on a child.

Hausen was charged (count one) with burglary of a dwelling with an assault or battery in violation...

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