State v. Clark

BOYD, Justice.

This case is before us on petition for review of State v. Clark, 416 So.2d 13 (Fla. *2101st DCA 1982). Our jurisdiction was invoked and the case accepted for review on the ground of express and direct conflict of decisions. Art. V, § 3(b)(3), Fla. Const.

Respondent was charged with burglary by an information which alleged in pertinent part that he

did then and there unlawfully enter or remain in a structure ... with the intent to commit the offense of Theft therein, or did enter through a window at about 4:45 A.M. stealthily without the occupant’s consent with intent to commit some…