Young v. State
District Court of Appeal of Florida
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
- State v. ReardonDistrict Court of Appeal of Florida · 2000
- Torna v. StateDistrict Court of Appeal of Florida · 1999
- Bracey v. StateDistrict Court of Appeal of Florida · 2008
- West v. StateDistrict Court of Appeal of Florida · 2009
3Cited by5 opinions
- Latimer v. StateDistrict Court of Appeal of Florida · 2010
- Reeves v. StateDistrict Court of Appeal of Florida · 2011
- Sanders v. StateDistrict Court of Appeal of Florida · 2011
- Timothy Barber v. State of FloridaDistrict Court of Appeal of Florida · 2019
- Giuseppe Verdone, Jr. v. StateDistrict Court of Appeal of Florida · 2016