Green v. State

QUINCE, Judge.

Luther Green challenges his conviction for residential burglary. Because we find a fatal variance between the information and the State’s evidence at trial, we reverse.

Green was charged by information with burglary of property located at 3724 Manatee Drive belonging to Larry Couch. At trial, Barbara Couch testified that she had been the victim of the burglary. No mention of Larry Couch was made in the testimony. Further, Ms. Couch testified that her address was 4724 Manatee Drive. Compounding this problem is the fact that the police witnesses identified the address as being “two…