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HOWARD v. STATE

No. 80-116.

400 So.2d 1329 (1981)

William Homer HOWARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 29, 1981.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Charles D. Peters, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Paul H. Zacks, Asst. Atty. Gen., West Palm Beach, for appellee.

HURLEY, Judge.

Defendant was convicted of burglary and attempted sexual battery. The sole meritorious issue on appeal is whether the burglary conviction must be reversed due to the fact that the defendant obtained consent to enter the victim's home by telling her that his van had broken down and asking to use her telephone.

Entering a structure with consent is normally a defense to a burglary charge. § 810.02, Fla. Stat. (1979); McEver v. State,

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