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WEBER v. STATE

No. 5D00-1811.

776 So.2d 1001 (2001)

Frank J. WEBER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 19, 2001.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Alfred Washington, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

COBB, J.

The principal issue presented by this case is whether the appellant, Weber, was properly charged and convicted of burglary of a dwelling.1 Weber stole a ceiling fan lying on a cement slab abutting the rear of the victim's first floor apartment. The slab was not enclosed by walls but had a cover over it supported by posts, said cover being the balcony of the apartment immediately over that of the victim. Sliding glass doors opened...

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