Galvez-Vasquez v. State

PATTERSON, Chief Judge.

Nectali Galvez-Vasquez appeals from his judgment and sentence for burglary of a dwelling and first-degree arson. We affirm the burglary conviction, reverse the arson conviction, and remand for resen-tencing.

The State charged Galvez-Vasquez by information with one count of armed burglary of a dwelling and one count of first-degree arson in violation of sections 810.02 and 806.01(l)(a), Florida Statutes (1997). At trial, the State presented the following evidence.

*147Fernando Ruiz testified that he lived in Billy Driggers’ house. On June 5, 1998, Galvez-Vasquez and Porfirio…