Florida District Courts of Appeal, 1982

McDonald v. State

McDonald v. State
Florida District Courts of Appeal · Decided December 28, 1982 · Barkdull, Jorgenson, Nesbitt
423 So. 2d 997; 1982 Fla. App. LEXIS 22042 (Southern Reporter, Second Series)

McDonald v. State

Opinion of the Court

PER CURIAM.

The judgment of conviction and the enhanced sentence entered thereon are affirmed upon a holding that (1) the information charging burglary was not fatally defective for failure to allege non-consent, see State v. Hicks, 421 So.2d 510 (Fla. 1982); (2) the proof with respect to ownership was sufficient, see In the Interest of M.E., 870 So.2d 795 (Fla. 1979); Jones v. State, 415 So.2d 852 (Fla. 5th DCA 1982); Adirim v. State, 350 So.2d 1082 (Fla. 3d DCA 1977); cert. denied, 365 So.2d 709 (Fla. 1978); (3) the fingerprint evidence establishing the defendant’s presence was sufficient, see Sorey v. State, 419 So.2d 810 (Fla. 3d DCA 1982); State v. Perry, 297 So.2d 638 (Fla. 2d DCA 1974); and (4) the trial court properly enhanced the defendant’s sentence, pursuant to section 775.084(l)(a)2, Florida Statutes (1979), based upon official court records reflecting prior felony convictions and a pre-sentence investigation report not objected to by appellant which characterized him as incorrigible, see Eutsey v. State, 383 So.2d 219 (Fla. 1980); McClain v. State, 356 So.2d 1256 (Fla. 2d DCA 1978).

Affirmed.

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