Fasenmyer v. State

413 So. 2d 33, 1981 Fla. App. LEXIS 21184
District Court of Appeal of Florida·Decided September 29, 1981·No. No. YY-162·Published·Cited by 2 cases

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

413 So. 2d 33 (Fasenmyer v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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425 So. 2d 151 (District Court of Appeal of Florida, 1983)