RAY v. STATE

No. 86-2288.

522 So.2d 963 (1988)

Jerome Edward RAY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 22, 1988.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BASKIN and DANIEL S. PEARSON, JJ.


DANIEL S. PEARSON, Judge.

The question presented by this case is whether a defendant can be found guilty of burglary under Section 810.02, Florida Statutes (1985), where he lawfully enters the home of another, and after communicating to the occupant — by word or deed — his intent to commit a crime therein, remains in the home against the occupant's wishes.

I.

Ray was prosecuted on charges of attempted first-degree murder, attempted...

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