HENIG v. STATE

No. 4D01-48.

820 So.2d 1037 (2002)

Gregory HENIG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 10, 2002.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Melanie Weseman, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, Judy Hyman and Donna Hoffmann, Assistant Attorney Generals, West Palm Beach, for appellee.


STONE, J.

Henig appeals his conviction and sentence for the offense of trespass with a human being present. We reverse and remand for entry of a judgment and sentence on the lesser offense of simple trespass.

Henig was charged with burglary of a dwelling. The information alleged that Henig did "unlawfully, enter or remain in a structure, to wit: ... property of Deborah Stevens, with intent to commit a the [sic] offense of Assault therein, contrary to F.S....

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