OVIEDO v. STATE

No. 4D02-4381.

879 So.2d 682 (2004)

Alberto OVIEDO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 11, 2004.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.


STONE, J.

We affirm Oviedo's conviction for burglary of a dwelling, but reverse his habitual offender sentence because the evidence introduced during the sentencing hearing did not establish that he qualified for enhanced sentencing.

Oviedo contends, primarily, that the evidence at trial failed to establish that his entry into the victim's dwelling was accomplished stealthily and, therefore, the court's stealthy entry jury instruction constituted fundamental...

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