ZETTLE v. STATE

No. 88-491.

538 So.2d 121 (1989)

Dennis Duane ZETTLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 9, 1989.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

No Appearance for appellee.


ERVIN, Judge.

Dennis Duane Zettle was charged by information with attempted first degree murder and burglary. A jury found him guilty of attempted second degree murder, a second degree felony, and first degree burglary with a battery, and he appeals. We affirm in part, reverse in part and remand.

In regard to the burglary with a battery conviction, the charging instrument alleged that appellant "did unlawfully enter or remain in a structure, to wit: a dwelling...

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