STEVENS v. STATE

No. 71-476.

265 So.2d 540 (1972)

Joseph Ross STEVENS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 5, 1972.


Attorney(s) appearing for the Case

Tobey C. Hockett, of Hockett & Silver, Sarasota, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


LILES, Judge.

Joseph Ross Stevens appeals his conviction and life sentence for breaking and entering with intent to commit a misdemeanor (assault and battery) and for robbery. We reverse.

From the bizarre facts in this case, it appears that appellant had a friend by the name of Tom Houser who once lived at 2050 Montclair Drive in Sarasota. However, appellant's friend had moved from the above address and the alleged victim was living there on the night the...

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