Sierra v. State, 90-351

• Decision Date: 25 September 1990
• Docket Number: No. 90-351,90-351
• Citation: 566 So.2d 947
• Parties: 15 Fla. L. Weekly D2401 David SIERRA, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 947

566 So.2d 947

15 Fla. L. Weekly D2401

David SIERRA, Appellant, v. The STATE of Florida, Appellee.

No. 90-351.

District Court of Appeal of Florida,

Third District.

Sept. 25, 1990.

An Appeal from the Circuit Court of Dade County; Joseph P. Farina, Judge.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Jorge Espinosa, Asst. Atty. Gen., for appellee.

Before HUBBART, FERGUSON and GERSTEN, JJ.

PER CURIAM.

Upon the state's confession of error which we accept, the judgments of conviction under review for (1) burglary of an occupied structure with an assault therein, and (2) robbery are modified so as to strike the finding of "with a mask" therefrom; in all other respects, however, the judgments of conviction and sentences under review are affirmed. See, e.g., Cox v. State, 530 So.2d 464 (Fla. 5th DCA 1988); Senterfitt v. State, 515 So.2d 411 (Fla. 1st DCA 1987), rev. denied, 523 So.2d 578 (Fla.1988); Cochenet v. State, 445 So.2d 398 (Fla. 5th DCA), rev. denied, 453 So.2d 45 (Fla.1984).

Affirmed as modified.