03-1265 ARROYO V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 03-1265 ARROYO V. STATE

Case Date: 11/24/2004

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2004 DANIEL ARROYO, Appellant, vs. THE STATE OF FLORIDA, Appellee. ** ** ** ** ** ** Opinion filed November 24, 2004. An appeal from the Circuit Court for Miami-Dade County, Leonard E. Glick, Judge. Bennett H. Brummer, Public Defender, and Todd G. Scher, Special Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and Mielke, Assistant Attorney General, for appellee. Before Judge. COPE and GODERICH, JJ., and NESBITT, Thomas C. LOWER TRIBUNAL NO. 00-32394 CASE NO. 3D03-1265

Joseph,

Senior

PER CURIAM. The defendant, Daniel Arroyo, appeals from his convictions for sexual battery with a deadly weapon, armed burglary with

assault

or

battery,

and

armed issues,

home but

invasion we find

robbery. that only

The one

defendant

raises

several

merits discussion.

The defendant properly contends that his

conviction for armed home invasion robbery must be vacated as it is subsumed by the greater offense of armed burglary with an assault or battery. Barboza v. State, 786 So. 2d 675 (Fla. 3d

DCA 2001); Smith v. State, 741 So. 2d 579 (Fla. 3d DCA 1999). Accordingly, the conviction and suspended sentence for armed

home invasion robbery are vacated, and the remaining convictions and sentences are affirmed.

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