Hill v. State

NORTHCUTT, Chief Judge.

Charged with burglary, Robert Leon Hill was convicted of trespass as a lesser charge. On the basis of that offense, the trial court found that Hill had violated his probation and ordered it revoked. We reverse.

The State alleged that Hill burgled an antiques store in Dunedin. The store was located in an old house, and the burglar apparently entered by breaking a window that faced an alley behind the house. Hill’s thumbprint and partial palm print were found on a piece of glass resting on the ground at the scene. But the State’s witnesses could not say when the prints had…