Lanzo v. State

Mark Lanzo appeals a final order withholding adjudication and imposing a sentence of probation after a jury found him guilty of burglary of an occupied dwelling and petit theft. Lanzo contends that the trial court erred in instructing the jury that it could infer that he had the intent to commit a crime inside a structure if the entry into the structure was “done stealthily without the consent of the owner or occupant....” We conclude there was insufficient evidence to support the giving of this instruction, and, accordingly, reverse Lanzo’s convictions and remand for a new trial.

On the…