GUERRERO v. STATE

No. 73-76.

281 So.2d 557 (1973)

Alberto GUERRERO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 11, 1973.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender and Mark King Leban, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Arnold R. Ginsberg, Asst. Atty. Gen., for appellee.

Irma Robbins Feder, Miami, and Richard Yale Feder, Coral Gables, amicus curiae.

Before BARKDULL, C.J., and CHARLES CARROLL and HAVERFIELD, JJ.


PER CURIAM.

Charged by information in one count with breaking and entering a dwelling with intent to commit grand larceny, and in a second count with grand larceny, on trial before the court without a jury the appellant was convicted on the first count, and found guilty on the lesser offense of petit larceny on the second count. He filed this appeal from the judgment and sentence thereon.

The appellant was seen in the victim's apartment, by a person making...

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