ALVIN MCPHEARSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2008-12-24
No. 3D07-2710
Before WELLS, and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.
997 So. 2d 1207 Florida District Court of Appeal, Third District (2008)

Opinion of the Court
WELLS, J.

WELLS, J.

Affirmed. See J.L.W. v. State, 814 So. 2d 1223, 1224 (Fla. 3d DCA 2002) (finding that charging the defendant with burglary of a structure, as opposed to burglary of a conveyance, was not reversible error because “[t]here was ‘not such variance [between the charge and the proof] here as could have misled respondent or subjected him to reprosecution,’ ” (quoting Dozier v. State, 662 So. 2d 382, 383 (Fla. 4th DCA 1995), reversed on other grounds, 675 So. 2d 110 (Fla.1996))).


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