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KIRBY v. STATE

No. 5D10-2762.

68 So.3d 932 (2011)

Justin Lee KIRBY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 8, 2011.

Attorney(s) appearing for the Case

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.

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.

We recognize that Kirby's argument is motivated by the...

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