SANDERS v. STATE

No. 4D05-2378.

950 So.2d 495 (2007)

Wesley SANDERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 5, 2007.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.


FARMER, J.

One of the two offenses charged was burglary with an assault and battery. On that charge the jury convicted on the lesser included offense of burglary of a dwelling.1 By appeal defendant argues a lack of proof.

From trial evidence comes the following narrative. Wesley and Wendy had known each other since childhood. More recently they had been living together in Wendy's second-floor apartment above a commercial establishment...

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