Shaw v. State

Shaw, who was convicted of and sentenced for the offense of burglary with assault (§ 810.02(2)(a), Fla.Stat. (1981)) and of the offense of battery (§ 784.03(1), Fla. Stat. (1981)), contends that his convictions for both offenses violate his constitutional double jeopardy rights, citing McRae v. State, 383 So.2d 289, (Fla. 2d DCA 1980) and arguing that the battery offense is a lesser included offense of the offense of burglary with assault.

This argument is in error because the offense of battery (§ 784.03(1), Fla.Stat. (1981)) is substantively different from (1) the offense of burglary (§…