OWEN v. STATE

No. 81-14.

432 So.2d 579 (1983)

Gary Lee OWEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 13, 1983.


Attorney(s) appearing for the Case

Charles C. Chillingworth of Odom & Chillingworth, P.A., Punta Gorda, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Judge.

Gary Lee Owen was tried by jury on charges of burglary of a dwelling with intent to commit sexual battery and sexual battery. At the conclusion of the state's evidence, the defendant moved for a judgment of acquittal as to both counts, contending that there was no evidence to establish that he entered the dwelling in question. The trial court denied his motion and the jury returned their verdict of guilty on both charges. After the court denied the defendant...

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