BAIN v. STATE

No. 82-1522.

440 So.2d 454 (1983)

Richard BAIN a/K/a Richard Menard, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 30, 1983.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Cathleen Brady, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellee.


BERANEK, Judge.

The defendant appeals his conviction and sentence for burglary. After considering all the points raised on appeal, we find two which merit discussion and reverse for a new trial.

The defendant was apprehended at the scene of a burglary. Prior to his arrest, he told the police that he lived in the burglarized residence. However, through other witnesses present it was determined that the defendant was not, in fact, the owner of the premises,...

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