Thomas v. State

ON MOTION FOR REHEARING

HENDRY, Judge.

Upon rehearing, the original opinion in Thomas v. State, 11 F.L.W. 160 (Fla. 3d DCA Jan. 7, 1986) is withdrawn and the following opinion is substituted.

Appellant was charged by information in 1982 with armed burglary (count I); armed robbery (count II); sexual battery with force likely to cause serious personal injury (count III); kidnapping (count IV); and battery (count V). The jury returned a verdict convicting appellant of unarmed burglary with an assault (count I); robbery with a weapon (count II); kidnapping (count IV); and battery (count V). He was…