Dart v. State

In this appeal from the trial court’s summary denial of his motion for post-conviction relief, Florida Rule of Criminal Procedure 3.850, appellant contends that the trial court erred in adjudicating him guilty of and sentencing him for the crimes of burglary with intent to commit assault and sexual battery. Depending upon the accusatory pleadings and the evidence presented at trial, the charge of sexual battery may or may not be a lesser-included offense of burglary while committing an assault. See, e.g., McElveen v. State, 415 So.2d 746 (Fla. 1st DCA, 1982). Here, however, it is impossible…