Dimatteo v. State

PARIENTE, Judge.

Defendant, based on a single incident, was charged in one count with burglary with a battery and in a second count with aggravated battery. The jury found defendant guilty of the lesser included burglary (without a battery) in Count I, and guilty as charged in Count II. DiMatteo was sentenced on each count to 56 months in prison followed by one year probation, with the sentences to run concurrently. DiMatteo argues that the trial court erred in sentencing him based on verdicts that he claims are legally inconsistent, relying on this court’s decision in Sgroi v. State, 634…