PIERRE v. STATE

No. 3D09-1869.

77 So.3d 699 (2011)

William PIERRE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 9, 2011.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Marti Rothenberg , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Shayne R. Burnham , Assistant Attorney General, for appellee.

Before RAMIREZ, LAGOA and EMAS, JJ.


EMAS, J.

William Pierre ("Pierre") was charged in a three-count information with sexual battery, burglary of an occupied dwelling with an assault or battery, and kidnapping. He was convicted as charged and appeals the trial court's denial of his motion for judgment of acquittal on the burglary count. We reverse because the trial court erred in denying Pierre's motion for judgment of acquittal on that count.

In the early morning hours of September 5, 2006,...

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