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VINSON v. STATE

No. 90-0279.

575 So.2d 1371 (1991)

Lawrence VINSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 13, 1991.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Paul E. Petillo, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sylvia Alonso, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Lawrence Vinson was duly convicted upon trial by jury and sentenced for burglary of a dwelling with assault and battery. He appeals. We reverse and remand.

In our opinion the trial court committed fundamental reversible error by instructing the jury on the presumption of intent arising from stealthy entry when the entry was manifestly not in fact stealthy. We reverse upon authority of Peters v. State, 76 So.2d 147

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