Gorham v. State

Robert Gorham appeals the dismissal of his Florida Rule Criminal Procedure 3.800(a) motion. At issue is Gorham’s sentence for burglary of a conveyance with an assault or battery under section 810.02(2)(a), Florida Statutes. Gorham argues that his sentence for the enhanced first-degree felony form of burglary is illegal because the jury’s verdict did not specify what crime Gorham committed during the course of the burglary, an assault or a battery. Gorham contends that a possibility exists that the jury’s verdict was not unanimous as to whether he committed an assault or battery specifically.…