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STATE v. HICKS

No. 61557.

421 So.2d 510 (1982)

STATE of Florida, Petitioner, v. Carlos Wayne HICKS, Respondent.

Supreme Court of Florida.

October 28, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for petitioner.

James B. Gibson, Public Defender and James R. Wulchak, Chief, Appellate Div., Asst. Public Defender of the Seventh Judicial Circuit, Daytona Beach, for respondent.

OVERTON, Justice.

This is a petition to review a decision of the Fifth District Court of Appeal reported as Hicks v. State, 407 So.2d 252 (Fla. 5th DCA 1981). The district court in Hicks held that non-consent to entry is an essential element of burglary under section 810.02(1), Florida Statutes (1979), which the state must allege in an information or indictment. We have jurisdiction, article V, section 3(b)(3), Florida...

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