Laster v. State

The appellant challenges convictions and sentences imposed as a consequence of an armed robbery and shooting of a convenience store clerk. We affirm all the convictions and sentences, except the conviction and sentence for burglary which we reverse because the record reveals that the convenience store was “at the time open to the public.” See § 810.02(1), Fla. Stat.; Collett v. State, 676 So.2d 1046 (Fla. 1st DCA 1996). We certify conflict with Garvin v. State, 685 So.2d 17 (Fla. 3d DCA 1996), although we note that the result in Garvin is inexplicably inconsistent with the following language…