BREEN v. STATE

No. 1D10-3893.

68 So.3d 365 (2011)

Ryan James BREEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 23, 2011.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Gail E. Anderson , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Heidi Milan Caballero , Assistant Attorney General, Miami, for Appellee.


WOLF, J.

Appellant challenges his conviction and sentence for burglary of a dwelling with assault or battery. We find the trial court erred in denying appellant's motion for judgment of acquittal. The evidence established appellant entered the apartment he shared with his girlfriend, he was paying at least half of the bills and expenses for the apartment, and his belongings were still in the apartment. There was no evidence presented that appellant had abandoned the...

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