Zettle v. State

ERVIN, Judge.

Dennis Duane Zettle was charged by information with attempted first degree murder and burglary. A jury found him guilty of attempted second degree murder, a second degree felony, and first degree burglary with a battery, and he appeals. We affirm in part, reverse in part and remand.

In regard to the burglary with a battery conviction, the charging instrument alleged that appellant “did unlawfully enter or remain in a structure, to wit: a dwelling, the property of Stephen Harold Moore, when another human being, to wit: Stephen Harold Moore, was in said structure, with the intent to…