Legal Opinion

Fenn v. State

District Court of Appeal of Florida

Decided May 20, 1981No. 80-562PublishedCited by 1 opinion

1Opinion of the Court

ORFINGER, Judge.

Appellant appeals his conviction by a jury of attempted burglary with an assault1 on one count, and of battery on a law enforcement officer2 on the second count.

Appellant was sentenced to imprisonment for 14 years on the attempted burglary count and to a four year concurrent term on the battery count. He appeals, questioning the sufficiency of the evidence on both counts. We affirm the convictions.

The State concedes that there was insufficient proof of an assault on the police officer named in the first count, because there was no evidence that appellant ever did anything to…

2Cases cited3 opinions

  1. Butler v. StateDistrict Court of Appeal of Florida · 1977
  2. Crook v. StateDistrict Court of Appeal of Florida · 1980
  3. McQuay v. StateDistrict Court of Appeal of Florida · 1979

3Cited by1 opinion

  1. Flemming v. StateDistrict Court of Appeal of Florida · 1982

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