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YOUNG v. STATE

No. 5D09-631.

43 So.3d 876 (2010)

David YOUNG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 3, 2010.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Anne Moorman Reeves , Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum , Attorney General, Tallahassee, and Kellie A. Nielan , Assistant Attorney General, Daytona Beach, for Appellee.

EVANDER, J.

We affirm, without discussion, Young's conviction for burglary of a conveyance with an assault or a battery.1 However, double jeopardy principles preclude Young's conviction for simple battery.

In the instant case, the verdict form gave no indication as to whether the jury found that Young had committed a "burglary with an assault," or a "burglary with a battery." We reverse as we must read the verdict...

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