Michael v. State

Robert Michael appeals from his conviction and sentence on a single charge of burglary of a dwelling, arguing that the evidence at trial was insufficient to sustain the conviction. We agree with Michael that Munoz v. State, 937 So.2d 686 (Fla. 2d DCA 2006), when applied to the facts of this case, would require a reversal with instructions that the trial court enter a conviction to the lesser charge of burglary of an unoccupied structure.1 As in Munoz, the uncontroverted evidence in this case established that the structure burglarized was “designed to be occupied by people lodging therein at…