BEAN v. STATE

No. 98-1647

728 So.2d 781 (1999)

Dan Edward BEAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 24, 1999.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Gary Caldwell, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.


DELL, J.

Dan Edward Bean appeals his conviction and sentence for burglary of an occupied structure with assault or battery. We affirm.

At about four o'clock in the afternoon, appellant entered Bernard Osting's garage, where Osting's friend had previously placed his bicycle. Osting saw appellant in the garage on his friend's bicycle. When Osting confronted appellant, he was straddling the bicycle and had his tools on the handlebars. A scuffle ensued and appellant...

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