SMITH v. STATE

No. 99-887.

741 So.2d 579 (1999)

Datoral SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 25, 1999.


Attorney(s) appearing for the Case

Datoral Smith, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before SCHWARTZ, C.J., and NESBITT and GODERICH, JJ.


PER CURIAM.

The defendant contends, and the State properly concedes, that the conviction for count one, home invasion robbery should be vacated as it is subsumed by the greater offense of burglary with an assault. Bowers v. State, 679 So.2d 340, 341 (Fla. 1st DCA 1996). The State also concedes that one of the two counts of burglary with an assault should be vacated. The defendant was improperly charged and convicted of two...

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