RICHARDSON v. STATE

No. 4D04-4228.

922 So.2d 331 (2006)

James RICHARDSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 22, 2006.


Attorney(s) appearing for the Case

Fred Haddad of Fred Haddad, P.A., Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.


STEVENSON, C.J.

James Richardson timely appeals his conviction for attempted burglary, a lesser included offense of the charged burglary with a battery, arguing that (1) the jury should not have been instructed on the crime of attempted burglary; (2) the inclusion of the "remaining in" language in the burglary instruction was error; (3) the evidence was insufficient to sustain the jury's verdict, which verdict was contrary to the weight of the evidence; and (4) improper...

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