State v. Barnes

OVERTON, Justice.

This is a petition to review a decision of the First District Court of Appeal reported as Barnes v. State, 426 So.2d 1274 (Fla. 1st DCA 1983). The district court reversed the respondent’s conviction for burglary because the information charging him with burglary did not allege the specific offense the respondent intended to commit upon entering the victim’s dwelling.

Previously, there was conflict between the First District Court of Appeal’s decision in Barnes and the Fourth District Court of Appeal’s decision in Waters v. State, 401 So.2d 1131 (Fla. 4th DCA 1981). Now there…