Gatlin v. State

NORTHCUTT, Judge.

Gary Gatlin challenges his convictions and sentences for armed burglary and attempted sexual battery. We affirm the conviction for attempted sexual battery without discussion.

On the aimed burglary charge, the trial court instructed the jury on simple burglary and trespass. It also explained that if the jury found Gatlin guilty of burglary, it should consider certain aggravating circumstances, that is, whether he was armed and whether the structure he had entered was a dwelling. The jury found Gatlin guilty of burglary, with the aggravating circumstance that the structure was…