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BARBOZA v. STATE

No. 3D99-3244.

786 So.2d 675 (2001)

Michael Eric BARBOZA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 13, 2001.

Attorney(s) appearing for the Case

Clayton R. Kaeiser, Miami, for appellant.

Robert Butterworth, Attorney General, and Steven R. Parrish, Assistant Attorney General, for appellee.

Before JORGENSON, GODERICH and FLETCHER, JJ.

PER CURIAM.

The defendant appeals from his convictions for armed home invasion robbery, aggravated battery with a deadly weapon, and burglary with an assault therein. The defendant contends, and the State properly concedes, that the conviction for home invasion robbery must be vacated as it is subsumed by the greater offense of burglary with an assault. Smith v. State, 741 So.2d 579 (Fla. 3d DCA 1999); Bowers v. State...

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