Marshall v. State

District Court of Appeal of Florida

Marshall v. State

691 So. 2d 1208, 1997 Fla. App. LEXIS 4175, 1997 WL 194835

CourtDistrict Court of Appeal of Florida

DecidedApril 23, 1997

DocketNo. 96-2338

StatusPublished

This text of 691 So. 2d 1208 (Marshall 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

Marshall v. State, 691 So. 2d 1208, 1997 Fla. App. LEXIS 4175, 1997 WL 194835 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

The defendant, Emmett Marshall, appeals his convictions for burglary and grand theft. We reverse, as the State failed to present sufficient evidence to prove that Marshall actually entered the dwelling, or to connect the property in Marshall’s possession with the property charged in the information. See Stanley v. State, 626 So.2d 1004 (Fla. 2d DCA 1993) (reversing a conviction for burglary when the State failed to prove that there was an entry into the store), review denied, 634 So.2d 627 (Fla.1994); C.O. v. State, 557 So.2d 637 (Fla. 3d DCA 1990) (reversing an adjudication of delinquency when the State failed to present a prima facie case that the property stolen was the same as that found in defendant’s possession).

Reversed and remanded with instructions to discharge the defendant on these charges only.

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PER CURIAM.

The defendant, Emmett Marshall, appeals his convictions for burglary and grand theft. We reverse, as the State failed to present sufficient evidence to prove that Marshall actually entered the dwelling, or to connect the property in Marshall’s possession with the property charged in the information. See Stanley v. State, 626 So.2d 1004 (Fla. 2d DCA 1993) (reversing a conviction for burglary when the State failed to prove that there was an entry into the store), review denied, 634 So.2d 627 (Fla.1994); C.O. v. State, 557 So.2d 637 (Fla. 3d DCA 1990) (reversing an adjudication of delinquency when the State failed to present a prima facie case that the property stolen was the same as that found in defendant’s possession).

Reversed and remanded with instructions to discharge the defendant on these charges only.

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Bluebook (online)

691 So. 2d 1208, 1997 Fla. App. LEXIS 4175, 1997 WL 194835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marshall-v-state-fladistctapp-1997.

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