5D07-1420 Alvin Conrad v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-1420

Case Date: 03/24/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008

ALVIN DANIEL CONRAD, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 28, 2008 Appeal from the Circuit Court for Lake County, T. Michael Johnson, Judge. James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee. EVANDER, J. Alvin Conrad timely appeals from his judgment and sentence for burglary of a structure with a battery therein while armed. We find that Conrad could only be properly convicted of burglary of a structure while armed, but otherwise affirm. Conrad was charged by amended information with burglary of a structure with a battery therein while armed and three counts of misdemeanor battery. He was tried jointly with co-defendant Mark Fields. Numerous witnesses were called by the State. Taken in the light most favorable to the State, the evidence established that on the Case No. 5D07-1420

evening in question, Conrad and Fields were patrons in Jesse Black's Saloon. Fields insulted a female patron and was told by a bouncer, Ben Desormo, to apologize. At this time, Conrad took an ill-advised swing at Desormo. Desormo is approximately six foot six inches tall and weighs close to 300 pounds. Desormo knocked Conrad to the floor with one or two punches. Fields and Conrad were then escorted to the door and told to leave. They left the bar but Fields went to his truck and retrieved a shotgun. Fields and Conrad re-entered the bar with Fields yelling "where's the big guy?" Conrad was

alleged to have struck three individuals while Fields was holding the shotgun. Fields then used the shotgun to smash the cash register

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