Merlino v. State

District Court of Appeal of Florida

Merlino v. State

619 So. 2d 512, 1993 Fla. App. LEXIS 6488, 1993 WL 208049

CourtDistrict Court of Appeal of Florida

DecidedJune 16, 1993

DocketNo. 92-1973

StatusPublished

This text of 619 So. 2d 512 (Merlino 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

Merlino v. State, 619 So. 2d 512, 1993 Fla. App. LEXIS 6488, 1993 WL 208049 (Fla. Ct. App. 1993).

Pincite

Opinion

PER CURIAM.

Appellant, charged with burglary, was convicted of trespass in a conveyance, a second degree misdemeanor. The record reflects that the conveyance was occupied. However, the jury was instructed only on trespass in a conveyance, and that is what the verdict form specified, with no mention that the vehicle was occupied.

It was error to sentence Appellant on the first degree misdemeanor of trespass in an occupied conveyance, rather than the second degree misdemeanor. Therefore, we reverse the sentence and remand for resen-tencing. In all other respects, the judgment is affirmed.

STONE, POLEN and KLEIN, JJ., concur.

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PER CURIAM.

Appellant, charged with burglary, was convicted of trespass in a conveyance, a second degree misdemeanor. The record reflects that the conveyance was occupied. However, the jury was instructed only on trespass in a conveyance, and that is what the verdict form specified, with no mention that the vehicle was occupied.

It was error to sentence Appellant on the first degree misdemeanor of trespass in an occupied conveyance, rather than the second degree misdemeanor. Therefore, we reverse the sentence and remand for resen-tencing. In all other respects, the judgment is affirmed.

STONE, POLEN and KLEIN, JJ., concur.

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Bluebook (online)

619 So. 2d 512, 1993 Fla. App. LEXIS 6488, 1993 WL 208049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merlino-v-state-fladistctapp-1993.