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GORHAM v. STATE

No. 4D08-3477.

993 So.2d 128 (2008)

Robert GORHAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 18, 2008.

Attorney(s) appearing for the Case

Robert Gorham, Lake City, pro se.

No appearance required for appellee.

PER CURIAM.

Robert Gorham appeals the dismissal of his Florida Rule Criminal Procedure 3.800(a) motion. At issue is Gorham's sentence for burglary of a conveyance with an assault or battery under section 810.02(2)(a), Florida Statutes. Gorham argues that his sentence for the enhanced first-degree felony form of burglary is illegal because the jury's verdict did not specify what crime Gorham committed during the course of the burglary, an assault or a battery. Gorham...

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