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MILLS v. STATE

No. 80-269.

400 So.2d 516 (1981)

Gregory MILLS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 7, 1981.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gregory C. Smith, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

Appellant was convicted by a jury of first degree burglary and he appeals, contending that the evidence is legally insufficient to sustain the higher degree of the crime. We affirm.

Burglary of a dwelling is normally a felony of the second degree, but section 810.02(2)(b), Florida Statutes (1979), makes it a felony of the first degree when the perpetrator is armed or arms himself during the burglary.1

The...

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