GREEN v. STATE

No. 92-445.

603 So.2d 130 (1992)

Mickel GREEN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 11, 1992.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., Richard L. Polin, Asst. Atty. Gen., and Robert Katzman, Certified Legal Intern, for appellee.

Before HUBBART, FERGUSON and COPE, JJ.


FERGUSON, Judge.

Green was convicted and sentenced for burglary and grand theft of a police scanner from a University of Miami complex. He challenges the sufficiency of the evidence on the theft charge and the seven-year sentence on the burglary charge. We reverse on both points.

The offenses were witnessed by Charles Harvey, a patrol investigator and shift commander employed by the University, who recovered the scanner and arrested the defendant. On direct...

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