Morton v. State

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT MATHEW MORTON, ) ) Appellant, ) ) v. ) Case No. 2D14-4180 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed March 2, 2016. Appeal from the Circuit Court for Sarasota County; Donna Padar Berlin, Judge. Howard L. Dimmig, II, Public Defender, and Alisa Smith, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Bilal A. Faruqui, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Matthew Morton challenges his sentences for armed burglary, two counts of burglary of an occupied dwelling, burglary of an unoccupied dwelling, and two counts of burglary of an unoccupied conveyance. He claims that in sentencing him the court improperly considered evidence of an uncharged homicide which occurred during one of the burglaries. Applying the rationale and analysis set forth in Imbert v. State, 154 So. 3d 1174 (Fla. 4th DCA 2015), we affirm the sentences. Affirmed. NORTHCUTT, BLACK, and SLEET, JJ., Concur. -2-