Turbi v. State

KHOUZAM, Judge.

Steven Turbi timely appeals his convictions and sentences for burglary while armed and with an assault and battery; robbery with a deadly weapon; possession of cannabis; and possession of drug paraphernalia. He argues that fundamental error occurred when he was convicted of a crime with which he was not charged and the jury was given an improper instruction. We affirm.

I. BACKGROUND

The State alleged that on December 7, 2012, Turbi entered an occupied structure armed with a handgun and, during a burglary, made an assault or battery. A jury trial was held. The record shows that at…