Mullins v. State

The appellant, Roderick Everett Mullins, challenges the trial court’s judgments and sentences. We find that the trial court erred in sentencing the appellant and, accordingly, reverse and remand for resentencing.

The appellant was charged with, and pled guilty to, armed burglary, sexual battery, and aggravated battery on an elderly person, in violation of sections 810.02(2)(b), Florida Statutes (1991), 794.011, Florida Statutes (Supp.1992), and 784.08, Florida Statutes (Supp.1992). The record shows that the appellant cut the window screen of the victim’s residence and upon entering the…