FIGUEROA-MONTALVO v. STATE

No. 5D08-3551.

10 So.3d 173 (2009)

Bill Matthew FIGUEROA-MONTALVO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 3, 2009.


Attorney(s) appearing for the Case

Daniel J. Fernandez, Tampa, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.


LAWSON, J.

Bill Matthew Figueroa-Montalvo was convicted following a jury trial of burglary of a conveyance with an assault or battery,1 which was reclassified to a life felony pursuant to section 775.087(1), Florida Statutes (2007), based upon the jury's finding that Figueroa-Montalvo used a firearm to commit the felony. The jury also found that Figueroa-Montalvo actually possessed a firearm during the commission of the offense, which...

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