STENSON v. STATE

No. 3D98-2186.

756 So.2d 118 (2000)

Martin STENSON, Appellant, v. The STATE Of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Opinion Granting Rehearing February 28, 2000.


Attorney(s) appearing for the Case

Charles G. White, Miami, for appellant.

Robert A. Butterworth, Attorney General, and Alison B. Cutler, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and LEVY, and FLETCHER, JJ.


FLETCHER, Judge.

Martin Stenson appeals from a conviction and sentence of one count of burglary of an occupied dwelling with an assault therein, in violation of section 810.02, Florida Statutes (1997), and one count of simple battery, in violation of section 784.03, Florida Statutes (1997). Although appellant raises a number of issues on appeal, we write to address only one—whether there was sufficient evidence of a burglary.

A burglary is defined in...

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