Fasenmyer v. State

Florida District Courts of Appeal
Fasenmyer v. State, 413 So. 2d 33 (1981)
1981 Fla. App. LEXIS 21184
McCord, Mills, Smith

Fasenmyer v. State

Opinion of the Court

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.

Reference

Full Case Name
Thomas Raphael FASENMYER v. STATE of Florida
Cited By
2 cases
Status
Published