Miller v. State

DANAHY, Judge.

Appellant was convicted and sentenced for first degree (felony) murder, burglary with assault, and involuntary sexual battery. He appeals only his judgments and sentences for the latter two crimes. We reverse.

A two count information charged appellant with sexual battery, contrary to section 794.011(3), Florida Statutes (1983), and burglary of a dwelling. The burglary count was charged in this language:

[Appellant] unlawfully and without invitation or license did enter or remain in that certain structure, the dwelling of Mary Smith, located at ... with the intent to commit an…