Oviedo v. State

We affirm Oviedo’s conviction for burglary of a dwelling, but reverse his habitual offender sentence because the evidence introduced during the sentencing hearing did not establish that he qualified for enhanced sentencing.

Oviedo contends, primarily, that the evidence at trial failed to establish that his entry into the victim’s dwelling was accomplished stealthily and, therefore, the court’s stealthy entry jury instruction constituted fundamental error.

According to the record, at 5:00 a.m., officers responded to a residential alarm. Seeing no one outside, the officers walked toward the rear…