5D11-861 Jerome Wesley v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D11-861

Case Date: 01/09/2012

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2012

JEROME WESLEY, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 13, 2012 Appeal from the Circuit Court for Putnam County, Terry Larue, Judge. James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D11-861

MONACO, J. The appellant, Jerome Wesley, appeals from his convictions by jury of burglary with an assault or battery, assault, and attempted second degree murder of a law enforcement officer. We affirm in all respects save one. As the State admirably

concedes, under the facts of this case because Mr. Wesley was convicted of burglary with an assault or battery, the conviction of simple assault runs afoul of the double

jeopardy provisions of the constitution. See

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