Legal Opinion

Young v. State

District Court of Appeal of Florida

Decided September 3, 2010No. 5D09-631PublishedCited by 5 opinions

1Opinion of the CourtEvander, J.

We affirm, without discussion, Young’s conviction for burglary of a conveyance with an assault or a battery. 1 However, double jeopardy principles preclude Young’s conviction for simple battery.

In the instant case, the verdict form gave no indication as to whether the jury found that Young had committed a “burglary with an assault,” or a “burglary with a battery.” We reverse as we must read the verdict in a manner that would give the benefit of the doubt to Young. State v. Reardon, 763 So.2d 418, 419 n. 3 (Fla. 5th DCA 2000). Convictions for both burglary with a battery and for the lesser…

2Cases cited4 opinions

  1. State v. ReardonDistrict Court of Appeal of Florida · 2000
  2. Torna v. StateDistrict Court of Appeal of Florida · 1999
  3. Bracey v. StateDistrict Court of Appeal of Florida · 2008
  4. West v. StateDistrict Court of Appeal of Florida · 2009

3Cited by5 opinions

  1. Latimer v. StateDistrict Court of Appeal of Florida · 2010
  2. Reeves v. StateDistrict Court of Appeal of Florida · 2011
  3. Sanders v. StateDistrict Court of Appeal of Florida · 2011
  4. Timothy Barber v. State of FloridaDistrict Court of Appeal of Florida · 2019
  5. Giuseppe Verdone, Jr. v. StateDistrict Court of Appeal of Florida · 2016

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