5D10-2762 Justin Kirby v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D10-2762

Case Date: 08/08/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2011

JUSTIN LEE KIRBY, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed August 12, 2011 Appeal from the Circuit Court for Orange County, Reginald Whitehead, Judge. Loren D. Rhoton, of Loren Rhoton, P.A., Tampa, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D10-2762

EVANDER, J. Kirby was convicted of burglary of a conveyance with an assault1 and sentenced to life imprisonment as a prison releasee reoffender.2 He contends that although the State's evidence might have been sufficient to establish the commission of a battery during the course of the burglary, it was insufficient to prove an assault. We affirm.
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