FULCHER v. STATE

No. 4D98-4388.

766 So.2d 243 (2000)

David FULCHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 2, 2000.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Carol Cobourn Asbury, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

Appellant was convicted of attempted burglary of a dwelling and raises an issue not raised in the trial court, which is that the information was defective because it did not allege that appellant had the intent to commit an offense in the dwelling. Appellant argues that this is fundamental error which can be raised for the first time on appeal and the state agrees, conceding that the conviction should be reversed. We affirm.

The elements of burglary...

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