Pena v. State

Appellant seeks reversal of a judgment of conviction based upon a jury verdict finding him guilty of unlawfully breaking and entering a dwelling house with intent to commit a felony therein, to wit: robbery; grand larceny; and, while unlawfully therein, assaulting persons lawfully therein.

It is appellant’s contention that the evidence was legally insufficient to sustain a conviction and that the trial court erred in denying appellant’s motion for judgment of acquittal and for a new trial.

We have carefully reviewed the record on appeal, considered the briefs and arguments of counsel and have…