Home/District Court of Appeal of Florida/Fasenmyer v. State

Fasenmyer v. State

413 So. 2d 33, 1981 Fla. App. LEXIS 21184
CourtDistrict Court of Appeal of Florida
DecidedSeptember 29, 1981
DocketNo. YY-162
StatusPublished
Cited by2 cases

This text of 413 So. 2d 33 (Fasenmyer v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fasenmyer v. State, 413 So. 2d 33, 1981 Fla. App. LEXIS 21184 (Fla. Ct. App. 1981).

Opinion

PER CURIAM.

Upon our review of the complete record of appellant’s conviction for breaking and entering, we find insufficient admissible evidence of a breaking and that the highest offense sustained by the record on that charge is that of entering without breaking with intent to commit a felony. No error affects appellant’s other convictions. The breaking and entering judgment is therefore REVERSED and the case is REMANDED for entry of an appropriate judgment and for resentencing.

ROBERT P. SMITH, Jr., C. J., and McCORD and MILLS, JJ., concur.

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Related

Fasenmyer v. State
457 So. 2d 1361 (Supreme Court of Florida, 1984)
Fasenmyer v. State
425 So. 2d 151 (District Court of Appeal of Florida, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
413 So. 2d 33, 1981 Fla. App. LEXIS 21184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fasenmyer-v-state-fladistctapp-1981.