Foreman v. State

LEHAN, Judge.

Defendant appeals from his convictions for burglary during which an assault was committed (first degree burglary punishable by life) and first degree sexual battery, violations of section 810.02(2)(a) and 794.-011(4)(b), Florida Statutes (1983). We affirm the conviction for first degree sexual battery but vacate the sentence therefor. We reverse defendant’s conviction and sentence on first degree burglary punishable by life and direct that the burglary conviction be reduced to second degree burglary. We remand for resentencing for first degree sexual battery and second degree…