5D09-631 David Young v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D09-631

Case Date: 08/30/2010

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2010

DAVID YOUNG, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed September 3, 2010 Appeal from the Circuit Court for Orange County, Jenifer Davis, Judge. James S. Purdy, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee. EVANDER, J. We affirm, without discussion, Young's conviction for burglary of a conveyance with an assault or a battery.1 However, double jeopardy principles preclude Young's conviction for simple battery. In the instant case, the verdict form gave no indication as to whether the jury found that Young had committed a "burglary with an assault," or a "burglary with a
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Case No. 5D09-631

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