STATE v. CLARK

No. AH-264.

416 So.2d 13 (1982)

STATE of Florida, Appellant, v. Ernie CLARK, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 19, 1982.


Attorney(s) appearing for the Case

David P. Gauldin, Asst. Atty. Gen., Tallahassee, for appellant.

Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellee.


THOMPSON, Judge.

The state appeals a final order contending the trial court erred in dismissing an information. We agree, although not for the reasons asserted by the state, and reverse.

The defendant was charged by information with unlawfully entering or remaining in a structure, "with the intent to commit the offense of Theft therein, or [of entering] through a window at about 4:45 A.M. stealthily without the occupant's consent with intent to commit some...

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