KRATHY v. STATE

No. XX-398.

406 So.2d 53 (1981)

Michael KRATHY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 17, 1981.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Carolyn M. Snurkowski, Asst. Atty. Gen., and Henry John Meyer, Legal Intern, Tallahassee, for appellee.


SHIVERS, Judge.

Krathy appeals his conviction on a charge of burglary, arguing, among other things, that the evidence was insufficient to withstand his motion for judgment of acquittal. We must agree that the State failed to prove a burglary as alleged in the information filed against Krathy, so we reverse the judgment and sentence.

The information charged that Krathy "did unlawfully enter or remain in a structure, to-wit: a dwelling ... with the intent to...

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