Davis v. State

Tony L. Davis, the appellant, was convicted of burglary, aggravated battery and false imprisonment. We reverse the conviction for burglary and remand for a new trial on this charge. We affirm the remaining convictions without comment. On remand, the trial court is directed to consider whether the outcome of the burglary charge necessitates resentencing on the aggravated battery and false imprisonment charges and, if so, to resentence appellant accordingly.

Appellant correctly contends that the conviction of burglary must be reversed based on the fact that the trial judge included the…