Vera v. Adeland

Keyuhn Chambers appeals a judgment for armed burglary of a dwelling, aggravated assault, burglary of a dwelling with an assault or battery, and robbery with a firearm. All of the charges arose when Mr. Chambers forcibly entered the home of his girlfriend in an imprudent and failed attempt to preserve their relationship. The State properly concedes that Mr. Chambers convictions for both armed burglary of a dwelling and burglary of a dwelling with an assault or battery violate principles of double jeopardy because they were based upon a single forced entry and involved a single victim. See Valdez v. State, 915 So. 2d 636 (Fla. 2d DCA 2005). We also conclude that Mr. Chambers is entitled to a new trial due to prosecutorial misconduct in closing argument.