GREEN v. STATE

No. 97-00656.

714 So.2d 594 (1998)

Luther GREEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 8, 1998.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Assistant Attorney General, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.


QUINCE, Judge.

Luther Green challenges his conviction for residential burglary. Because we find a fatal variance between the information and the State's evidence at trial, we reverse.

Green was charged by information with burglary of property located at 3724 Manatee Drive belonging to Larry Couch. At trial, Barbara Couch testified that she had been the victim of the burglary. No mention of Larry Couch was made in the testimony. Further, Ms. Couch testified...

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