STATE v. NARDI

No. 4D99-4396.

779 So.2d 596 (2001)

STATE of Florida, Appellant, v. Anthony NARDI, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 27, 2001.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Jennifer R. Haymes, Assistant Attorney General, West Palm Beach, for appellant.

Charles Kaplan of the Law Offices of Kaplan & Singhal, P.A., Fort Lauderdale, for appellee.


STEVENSON, J.

Anthony Nardi was convicted of both attempted sexual battery and burglary of a dwelling with battery. Nardi filed a rule 3.800 motion to correct illegal sentence on the ground that his conviction for both offenses violated double jeopardy principles. The trial court agreed, set aside the attempted sexual battery conviction, and vacated the sentence associated with that offense. The State appeals and we reverse.

It is the express intent of the...

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