FOWLER v. STATE

No. 79-918.

375 So.2d 879 (1979)

Franklin Lee FOWLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 12, 1979.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


GRIMES, Chief Judge.

A jury convicted appellant of grand theft and burglary while armed upon evidence that police had apprehended him in the course of burglarizing a dwelling house while in the possession of a shotgun and a pistol belonging to the victim of the burglary. At the time appellant took the weapons, they were unloaded, but at the time of his apprehension, both were loaded.

The trial judge sentenced appellant to thirty years in prison on the burglary...

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