Speed v. State

RYDER, Judge.

Appellant’s counsel filed an Ander’s brief1 in this case where appellant was sentenced to seventy-five years for first-degree burglary and seventy-five years for sexual battery, both sentences to run concurrently. However, for reasons expressed below we vacate his seventy-five year sentence for sexual battery while affirming his convictions for burglary and sexual battery.

Burglary may be a first, second, or third-degree felony, depending upon the allegata and probata. § 810.02, Fla.Stat. (1979). To convict a defendant of first-degree felony burglary, the state must plead and…