MOORE
v.
STATE OF FLORIDA
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Two burglary convictions arising from the same conduct constitute double jeopardy and must be reversed, but a prison releasee reoffender sentence does not violate the Sixth Amendment.
[1] Two burglary convictions arising from the same conduct violate the Double Jeopardy Clause and must be reversed.
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Join FLexlaw to unlock all legal intelligenceBrandon Moore was convicted of burglary of a conveyance with a battery, burglary of a conveyance while armed, and aggravated battery. The State conced…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
BRANDON MOORE, Appellant,
V.
STATE OF FLORIDA, Appellee.
No. 1D2024-0065
On appeal from the Circuit Court for Gadsden County. Ronald W. Flury, Judge.
July 8, 2026
PER CURIAM.
Brandon Moore appeals his convictions for burglary of a conveyance with a battery, burglary of a conveyance while armed, and aggravated battery. The State conceded error on Moore's claim that the two burglary convictions constituted double jeopardy. We agree and reverse. We reject Moore's claim that his prison releasee reoffender sentence violated the Sixth Amendment. Hicks v. State, 422 So. 3d 607 (Fla. 1st DCA 2025). We otherwise affirm the judgment and sentence.
AFFIRMED in part, REVERSED in part, and REMANDED.
ROBERTS, WINOKUR, and NORDBY, JJ., concur.