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825 So. 2d 520

Holland v. State

District Court of Appeal of Florida

Decided September 12, 2002

District Court of Appeal of Florida · decided 2002-09-12

Decided 2002-09-12

BARFIELD, J.

¶1We find, as a matter of law, that the evidence presented by the state, even considering the legitimate inferences most favorable to the prosecution, is insufficient to support a finding beyond a reasonable doubt that the appellant entered his neighbor’s house with the fully-formed conscious intent to commit a crime therein. Therefore the conviction for burglary of a structure is REVERSED.

KAHN, and BROWNING, JJ., concur.
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