Legal Opinion

Marshall v. State

District Court of Appeal of Florida

Decided April 23, 1997No. 96-2338Published

1Per curiam

The defendant, Emmett Marshall, appeals his convictions for burglary and grand theft. We reverse, as the State failed to present sufficient evidence to prove that Marshall actually entered the dwelling, or to connect the property in Marshall’s possession with the property charged in the information. See Stanley v. State, 626 So.2d 1004 (Fla. 2d DCA 1993) (reversing a conviction for burglary when the State failed to prove that there was an entry into the store), review denied, 634 So.2d 627 (Fla.1994); C.O. v. State, 557 So.2d 637 (Fla. 3d DCA 1990) (reversing an adjudication of delinquency…

2Cases cited2 opinions

  1. C.O. v. StateDistrict Court of Appeal of Florida · 1990
  2. Stanley v. StateDistrict Court of Appeal of Florida · 1993

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