ROZIER v. STATE

No. 80-1277.

402 So.2d 539 (1981)

Michael Todd ROZIER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 19, 1981.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Julianne Piggotte McLarty, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Edwin H. Duff, III, Asst. Atty. Gen., Daytona Beach, for appellee.


COWART, Judge.

Without consent of the owner, appellant entered a dwelling through the window and was apprehended hiding therein. On this single factual event he was tried on a two count information. The first count charged that in violation of section 810.02(3), Florida Statutes, appellant did enter or remain in the dwelling "with the intent to commit an offense therein, to-wit: theft." The second count charged that in violation of the same statute he did enter or...

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