LANZO v. STATE

No. 5D10-3888.

73 So.3d 817 (2011)

Mark LANZO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 21, 2011.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Rebecca M. Becker , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Anthony J. Golden , Assistant Attorney General, Daytona Beach, for Appellee.


EVANDER, J.

Mark Lanzo appeals a final order withholding adjudication and imposing a sentence of probation after a jury found him guilty of burglary of an occupied dwelling and petit theft. Lanzo contends that the trial court erred in instructing the jury that it could infer that he had the intent to commit a crime inside a structure if the entry into the structure was "done stealthily without the consent of the owner or occupant...." We conclude there was insufficient...

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