MILLER v. STATE

Nos. AP-49, AQ-60.

438 So.2d 942 (1983)

Clyde MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 27, 1983.


Attorney(s) appearing for the Case

Michael Allen, Public Defender, Paula S. Saunders, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Andrew Thomas, Asst. Atty. Gen., for appellee.


MILLS, Judge.

Miller appeals his conviction for burglary of a dwelling. We affirm.

The information charged Miller with burglary of a dwelling with intent to commit theft. Miller contends that the trial court erred in denying his motion for judgment of acquittal because the prosecution presented no evidence of intent to commit theft. We disagree.

There was no indication that anyone was inside the house when Miller approached it, thus negating any hypothesis...

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