FRYER v. STATE

No. 96-156.

693 So.2d 1046 (1997)

Larry William FRYER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 14, 1997.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Ada Manzano Avallone, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Sandra S. Jaggard, Assistant Attorney General, for appellee.

Before NESBITT, GODERICH and SORONDO, JJ.


NESBITT, Judge.

Larry William Fryer appeals a judgment of conviction and sentence for burglary of an occupied structure and petit theft. We reverse.

Fryer was convicted of stealing $350 to $400 worth of aluminum from an aluminum window and sliding glass door manufacturing company. The state's case rested on the testimony of Sergeant Carlos Hernandez. Hernandez was working off duty doing "interior security" for the company.

Hernandez testified that...

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