McKINNEY v. STATE

No. 2D00-2048.

796 So.2d 579 (2001)

Jonathan McKINNEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 7, 2001.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Judge.

We reverse Jonathan McKinney's conviction for armed burglary because the evidence failed to prove that he was armed. Accordingly, we direct the trial court to acquit McKinney of armed burglary, adjudicate him guilty of the lesser offense of simple burglary, and resentence him.

McKinney was convicted based on circumstantial evidence that he burgled a home at some point during a five-day period when the owner, an acquaintance of McKinney's...

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