BABROW v. State

Defendant, Mario Babrow, appeals his convictions and sentences for burglary with assault or battery, assault, and battery. Babrow raises three issues on appeal: (1) the state’s closing argument constituted fundamental error; (2) Babrow was improperly sentenced as a prison re-leasee reoffender; and (3) Babrow’s convictions for assault and battery violated his constitutional double jeopardy protection. While we find the first two issues lack merit, we reverse Babrow’s convictions for assault and battery.

“Determining whether double jeopardy is violated based on undisputed facts is a purely legal…