Decius Jules v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED DECIUS GENE JULES, Appellant, v. Case No. 5D12-487 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 8, 2013 Appeal from the Circuit Court for Orange County, Julie H. O'Kane, Judge. James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. The State properly concedes error on Appellant s claim that his home-invasionrobbery charge violates double jeopardy in that it arose from the same episode as Appellant s burglary-with-an-assault-or-battery charge. Accordingly, we reverse the judgment and sentence on the home-invasion charge and remand this cause for further proceedings as warranted. In all other respects, we affirm. AFFIRM in part; REVERSED in part; and REMANDED. GRIFFIN, TORPY and JACOBUS, JJ., concur.

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