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691 So. 2d 1208

Marshall v. State

District Court of Appeal of Florida · decided 1997-04-23

Relies on 634 So. 2d 618 - Florida Dept. of Revenue v. Herre · 557 So. 2d 637 - Co. v. State · 626 So. 2d 1004 - Stanley v. State

Decided 1997-04-23

PER CURIAM.

¶1The defendant, Emmett Marshall, appeals his convictions for burglary and grand theft. We reverse, as the State failed to present sufficient evidence to prove that Marshall actually entered the dwelling, or to connect the property in Marshall’s possession with the property charged in the information. See Stanley v. State, 626 So.2d 1004 (Fla. 2d DCA 1993) (reversing a conviction for burglary when the State failed to prove that there was an entry into the store), review denied, 634 So.2d 627 (Fla.1994); C.O. v. State, 557 So.2d 637 (Fla. 3d DCA 1990) (reversing an adjudication of delinquency when the State failed to present a prima facie case that the property stolen was the same as that found in defendant’s possession).

¶2Reversed and remanded with instructions to discharge the defendant on these charges only.

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