Fasenmyer v. State, 413 So. 2d 33

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.

Case Details

Case Name: Fasenmyer v. State

Court Name: District Court of Appeal of Florida

Date Published: Sep 29, 1981

Citations: 413 So. 2d 33; 1981 Fla. App. LEXIS 21184; No. YY-162

Docket Number: No. YY-162

Court Abbreviation: Fla. Dist. Ct. App.