Smith v. State

KLEIN, Judge.

Defendant, who was charged with 18 counts of burglary of a structure, as a result of breaking into businesses operating within an enclosed mall, argued to the trial court that he should only have been charged with one count. After the trial court rejected his position defendant pled nolo contendere, reserving his right to appeal the issue. We affirm the conviction, but reverse the sentence.

On defendant’s motion to strike, or dismiss all but one count of the burglary charges, the parties stipulated that the state alleged that on one occasion the defendant entered a structure known…