Kirby v. State

Kirby was convicted of burglary of a conveyance with an assault1 and sentenced to life imprisonment as a prison releasee reoffender.2 He contends that although the State’s evidence might have been sufficient to establish the commission of a battery during the course of the burglary, it was insufficient to prove an assault. We affirm.

We recognize that Kirby’s argument is motivated by the fact that he could not be sentenced as a prison releasee reof-fender if convicted of burglary of a conveyance with a battery, but was eligible to be so sentenced upon his conviction of burglary of a conveyance…