Hernandez v. State

Appellant appeals three of his four burglary convictions, following an open plea of nolo contendere, asserting a double jeopardy violation. We find the trial court convicted appellant of three counts of burglary in violation of double jeopardy, and we reverse for the trial court to dismiss those counts.

Appellant pled no contest to four counts of false imprisonment, two counts of robbery with a deadly weapon while wearing a mask, and four counts of burglary of a dwelling with an assault or battery while armed and masked. The trial court accepted appellant’s plea. During sentencing, the public…