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Florida District Courts of Appeal, 1983

State v. Jenkins

State v. Jenkins
Florida District Courts of Appeal · Decided June 23, 1983 · No. 82-612 · Cobb, Sharp, Upchurch
433 So. 2d 641 (Southern Reporter, Second Series)
State v. Jenkins

Opinion of the Court

SHARP, Judge.

In this case the trial court erred in dismissing the information because the failure to allege non-consensual entry does not render an information charging burglary fundamentally defective. State v. Hicks, 421 So.2d 510 (Fla. 1982). Therefore, the trial court’s order dismissing the information is reversed.

REVERSED and REMANDED.

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.

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