ELAM v. STATE

No. 79-1053/T4-545.

389 So.2d 221 (1980)

Willie Lee ELAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 21, 1980.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, Chief, App. Div., West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Phillip D. Havens, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

Appellant was found guilty by a jury of the offense of burglary of a dwelling and was sentenced as an habitual offender.

Betty and Earl Penson awoke at 3:00 a.m. on May 2, 1978, to find an intruder in their home. Earl chased him out of the house while Betty checked on her children. The police later that morning apprehended appellant who was identified by the Pensons as the intruder. Appellant also had possession of certain items stolen from...

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