ARROYO V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2004 DANIEL ARROYO, ** Appellant, ** vs. ** THE STATE OF FLORIDA, CASE NO. 3D03-1265 ** Appellee. ** LOWER TRIBUNAL NO. 00-32394 ** Opinion filed November 24, 2004. An appeal from the Circuit Court for Miami-Dade County, Leonard E. Glick, Judge. Bennett H. Brummer, Public Defender, and Todd G. Scher, Special Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and Mielke, Assistant Attorney General, for appellee. Before Judge. COPE and GODERICH, JJ., and NESBITT, Thomas Joseph, C. Senior PER CURIAM. The defendant, Daniel Arroyo, appeals from his convictions for sexual battery with a deadly weapon, armed burglary with assault or defendant battery, raises and several merits discussion. armed issues, home but invasion we find robbery. The that one only The defendant properly contends that his conviction for armed home invasion robbery must be vacated as it is subsumed by the greater offense of armed burglary with an assault or battery. Barboza v. State, 786 So. 2d 675 (Fla. 3d DCA 2001); Smith v. State, 741 So. 2d 579 (Fla. 3d DCA 1999). Accordingly, the conviction and suspended sentence for armed home invasion robbery are vacated, and the remaining convictions and sentences are affirmed. 2

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