State v. Nardi

Anthony Nardi was convicted of both attempted sexual battery and burglary of a dwelling with battery. Nardi filed a rule 3.800 motion to correct illegal sentence on the ground that his conviction for both offenses ‘violated double jeopardy principles. The trial court agreed, set aside the attempted sexual battery conviction, and vacated the sentence associated with that offense. The State appeals and we reverse.

It is the express intent of the Legislature to convict and sentence a defendant for each offense he commits during the course of a single criminal episode. See § 775.021(4)(b), Fla.…